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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,184,272.
Although the claims at issue are not identical, they are not patentably distinct from each other because they merely omit features that is recited in the claim 1 of US Patent No. 12,184,272 such as “wherein the switching transducer driver is operable in a third mode in which an output of the switching transducer driver is clamped to a reference voltage, and wherein the switching transducer driver is configured to operate in the third mode if a parameter of the input signal is less than a second threshold.” The omission of the features results in claims that are broader in scope than claims of the Patent. It would have been an obvious to one of the ordinary skill in the art to remove or not include limitation “wherein the switching transducer driver is operable in a third mode in which an output of the switching transducer driver is clamped to a reference voltage, and wherein the switching transducer driver is configured to operate in the third mode if a parameter of the input signal is less than a second threshold.” particularly where the remaining elements of the claimed invention are otherwise identical or substantially similar (see table below).
Instant application 18/948973
US Patent No. 12,184,272
1. A switching transducer driver operable in: a first mode in which first and second output stage switches are controlled to generate a two-level output signal, wherein an impedance of the first output stage switch is substantially the same as an impedance of the second output stage switch; and a second mode in which the first and second output stage switches and a third switch are controlled to generate a three-level output signal, wherein an impedance of the third switch is substantially greater than the impedance of the first output stage switch and the second output stage switch.
1. A switching transducer driver operable in: a first mode in which first and second output stage switches are controlled to generate a two-level output signal, wherein an impedance of the first output stage switch is substantially the same as an impedance of the second output stage switch; and a second mode in which the first and second output stage switches and a third switch are controlled to generate a three-level output signal, wherein an impedance of the third switch is substantially greater than the impedance of the first output stage switch and the second output stage switch;
wherein the switching transducer driver is operable in a third mode in which an output of the switching transducer driver is clamped to a reference voltage, and wherein the switching transducer driver is configured to operate in the third mode if a parameter of the input signal is less than a second threshold.
Claims 2-18, 21 and 25-26 are rejected on the ground of nonstatutory double patenting
as being unpatentable over claims 1-19 of U.S. Patent No. 12,184,272.
Drawings
Figures 1 and 2 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 Objections
Claim 11 objected to because of the following informalities: the limitation variable “α” should be defined in the claim. Appropriate correction is required.
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 19 and 27 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.
Claims 19 and 27 recite that limitation “wherein a characteristic of the third switch is inferior to a corresponding characteristic of the first and second output stage switches”. It is unclear whether “inferior” refers to electrical performance, physical properties, or some other metric. Moreover, the phrase “a corresponding characteristic” is vague and does not specify which characteristic(s) are being compared.
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)(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.
Claims 1-3 and 27 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Hoyerby (US 2017/0117851A1)
Regarding claim 1, Hoyerby discloses a switching transducer [see fig. 7] driver operable in: a first mode in which first [sw2] and second output stage switches [sw3] are controlled to generate a two-level [three-level] output signal [para. 0123], wherein an impedance of the first output stage switch is substantially the same as an impedance of the second output stage switch [para. 0016]; and a second mode [sw3] in which the first and second output stage switches and a third switch [sw1 and sw4] are controlled to generate a three-level [five-level] output signal [para. 123], wherein an impedance of the third switch is substantially greater than the impedance of the first output stage switch and the second output stage switch [sw1 and sw4 are identical in size and the series combination of sw1 and sw4 is higher impedance that switches sw2, sw3 ].
Regarding claim 2, Hoyerby discloses wherein the switching transducer driver is operable at a first frequency in the first mode, and is operable at a second frequency in the second mode [para. 138-140].
Regarding claim 3, Hoyerby discloses wherein the second frequency is lower than the first frequency [para. 138-140].
Regarding claim 27, Hoyerby discloses Class D amplifier circuitry [fig. 7] configured to receive an input signal and to output an output signal, the Class D amplifier circuitry comprising: a first output stage switch [sw2]; a second output stage switch [sw3]; and a third switch [sw1, sw4], wherein a characteristic of the third switch is inferior to a corresponding characteristic of the first and second output stage switches [the resistance of the series switch is higher than the other switches], and wherein the Class D amplifier circuitry is selectively operable in either a first mode of operation or a second mode of operation based on a parameter of the input signal [para. 0053].
Claim Rejections - 35 USC § 103
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 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.
Claims 1, 4, 6-7, 17-19, 21 and 23-26 are rejected under 35 U.S.C. 103 as being unpatentable over Knudsen (US 2013/0216076) in view of Wang et al. (CN 115763557A).
Regarding claim 1, Knudsen discloses a switching transducer [see fig. 1] driver operable in: a first mode [a power-consuming, abstract] in which first and second output stage switches [e.g. 21 and 22 turns on] are controlled to generate a two-level output signal [two-level output, abstract], wherein an impedance of the first output stage switch is substantially the same as an impedance of the second output stage switch [same CMOS switches]; and a second mode [a power-saving, abstract] in which the first and second output stage switches and a third switch [e.g., 23 including 21 turns on] are controlled to generate a three-level output signal [three-level output, abstract]. Knudsen does not explicitly disclose wherein an impedance of the third switch is substantially greater than the impedance of the first output stage switch and the second output stage switch.
However, Wang discloses a semiconductor device (e.g., depletion type (D-mode) HEMT) has high on-resistance RON. Although Knudsen uses MOS transistors instead of high impedance transistors for the third switch transistor is, this is just different type of transistor and thus it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to substitute one type of transistor for the other in the absence of unexpected results in order to have an optimum working condition for the circuit since this practice is well known in the art.
Regarding claim 4, Knudsen in view of Wang discloses wherein the first output stage switch and the second output stage switch are implemented using wide bandgap or high electron mobility transistor (HEMT) devices.
Regarding claim 6, Knudsen in view of Wang discloses [see fig. 1] wherein the switching transducer driver comprises control circuitry [16, fig. 1] configured to select between the first mode and the second mode based on a parameter of an input signal [input to 2] to the switching transducer driver.
Regarding claim 7, Knudsen in view of Wang discloses wherein the parameter of the input signal comprises a magnitude, level, envelope or volume of the input signal [para. 0031-0036].
Regarding claim 17, Knudsen in view of Wang discloses wherein the third switch is of a different device type or technology than the first and second output stage switches.
Regarding claim 18, Knudsen in view of Wang discloses wherein the third switch is implemented using one or more MOSFET devices.
Regarding claim 19, Knudsen in view of Wang discloses wherein the third switch is implemented using a wide bandgap or HEMT device, wherein a characteristic of the third switch is inferior to a corresponding characteristic of the first and second output stage switches.
Regarding claim 21, Knudsen in view of Wang discloses a module comprising a substrate [implicit] on which the third switch and the first and second output stage switches of the switching transducer driver of claim 1 are mounted.
Regarding claim 23, Knudsen discloses an integrated circuit [se fig. 1] comprising: control circuitry for supplying control signals to a first output stage switch [e.g. 21 turns on], a second output stage switch [e.g. 20 turns on] and a third switch [e.g., 23 including 21 turns on], wherein an impedance of the first output stage switch is substantially the same as an impedance of the second output stage switch, wherein the control circuitry is operable to select between a first mode of operation [a power-consuming, abstract] in which the first and second output stage switches are controlled to generate a two-level output signal and a second mode of operation [a power-saving, abstract] in which the first and second output stage switches and a third switch are controlled to generate a three-level output signal [three-level output, abstract]. Knudsen does not explicitly disclose wherein an impedance of the third switch is substantially greater than the impedance of the first output stage switch and the second output stage switch.
However, Wang discloses a semiconductor device (e.g., depletion type (D-mode) HEMT) has high on-resistance RON. Although Knudsen uses MOS transistors instead of high impedance transistors for the third switch transistor is, this is just different type of transistor and thus it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to substitute one type of transistor for the other in the absence of unexpected results in order to have an optimum working condition for the circuit since this practice is well known in the art.
Regarding claim 24, Knudsen in view of Wang discloses wherein the integrated circuit comprises the third switch.
Regarding claim 25, Knudsen in view of Wang discloses [see para. 0006] a host device comprising the switching transducer driver of claim 1.
Regarding claim 26, Knudsen in view of Wang discloses [see para. 0006] wherein the host device comprises a laptop, notebook, netbook or tablet computer, an automotive system, an audio system for a vehicle, a gaming device, a games console, a controller for a games console, a virtual reality (VR) or augmented reality (AR) device, a mobile telephone, a portable audio player, a portable device, an accessory device for use with a laptop, notebook, netbook or tablet computer, a gaming device, a games console a VR or AR device, a mobile telephone, a portable audio player or other portable device.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Hoyerby.
Regarding claim 28, Hoyerby discloses Class D amplifier circuitry [fig. 7] configured to receive an input signal and to output an output signal, the Class D amplifier circuitry comprising: a first output stage switch [sw2]; a second output stage switch [sw3]; a third switch [sw1, sw4]; and control circuitry [703], and wherein the control circuitry is configured to select between a first mode of operation and a second mode of operation of the Class D amplifier circuitry based on a parameter of the input signal [para. 0053]. Hoyerby does not explicitly disclose wherein the first and second output stage switches are implemented using wide bandgap or high electron mobility transistor (HEMT) devices. Although Hoyerby uses CMOS transistors instead of wide bandgap or high electron mobility transistor (HEMT) devices, these are just different types of transistors and thus it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to substitute one type of transistor for the other in the absence of unexpected results in order to have an optimum working condition for the circuit since this practice is well known in the art.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Knudsen in view of Wang et al. further in view of Hoyerby.
Regarding claim 20, Knudsen in view of Wang discloses all the features with respect to claim 1 as indicated above. Knudsen in view of Wang does not disclose wherein the third switch is implemented as back-to-back coupled switches.
However, Hoyerby discloses [see fig. 7] a third switch [SW1/SW4] is implemented as back-to-back coupled switches. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Knudsen in view of Wang by incorporating back-to-back coupled switches as taught in Hoyerby in order to utilize well known back-to-back coupled switches.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Knudsen in view of Ghisu et al. (US 2013/0265855 and Ghisu hereinafter).
Regarding claim 22, Knudsen discloses a switching transducer driver [see fig. 1] operable in: an active mode [a power-consuming, abstract] in which first and second output stage switches [e.g., 21 and 22 turns on] are controlled to generate a two-level output signal [two-level output, abstract]; and a quiescent mode [a power-saving, abstract] in which a third switch [e.g., 23 including 21 turns on] is controlled to output of the switching transducer driver. Knudsen does not explicitly disclose a third switch is controlled to clamp an output of the switching transducer driver to a reference voltage.
However, Ghisu discloses [fig. 4] wherein switch [25 in 10] is controlled to clamp an output [HVout] of the switching transducer driver [102] to a reference voltage [GND]. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Knudsen by incorporating the switch as taught in Ghisu in order to clamp the output.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Knudsen in view of Wang et al. further in view of Ghisu et al.
Regarding claim 15, Knudsen in view of Wang discloses all the features with respect to claim 1 as indicated above. Knudsen in view of Wang does not disclose wherein the switching transducer driver is operable in a third mode in which an output of the switching transducer driver is clamped to a reference voltage.
However, Ghisu discloses [fig. 4] wherein switch [25 in 10] is controlled to clamp an output [HVout] of the switching transducer driver [102] to a reference voltage [GND]. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Knudsen/Wang by incorporating the switch as taught in Ghisu in order to clamp the output.
Claims 5 is rejected under 35 U.S.C. 103 as being unpatentable over Knudsen in view of Wang et al.
Regarding claim 5, Knudsen in view of Wang discloses all the features with respect to claim 1 as indicated above. Knudsen in view of Wang does not specifically disclose wherein the impedance of the third switch is at least twice the impedance of the first output stage switch and/or the second output stage switch. One of ordinary skill in the art would have been motivated to have used the claimed range since such a range, absent any criticality (i.e. unobvious and/or unexpected result(s)), is generally achievable through routine optimization/experimentation, and since discovering the optimum or workable ranges, where the general conditions of a claim are disclosed in the prior art, involves only routing skill in the art, In re Alter, 105 USPQ 233 (CCPA 1955). Moreover, in the absence of any criticality (i.e. unobvious and/or unexpected result(s)), the parameter set forth above would have been obvious to a person having ordinary skill in the art at the time the invention was made, In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990)
Conclusion
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/METASEBIA T RETEBO/Primary Examiner, Art Unit 2842