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 INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claim limitation(s):
First/second control unit = generic box 41, 42.
First/second detection units = generic box 51, 52.
have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they use a generic placeholder coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim(s) limitations invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, the claim(s) have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
First/second control unit = generic box 41, 42.
First/second detection units = generic box 51, 52.
However, the written description fails to disclose the corresponding structure, material, or acts for the claimed function in sufficient detail.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112, sixth paragraph; or
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the claimed function without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 following details must be shown in enabling detail or the feature(s) canceled from the claim(s). No new matter should be entered.
First/second control unit = generic box 41, 42.
First/second detection units = generic box 51, 52.
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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
First/second control unit = generic box 41, 42.
First/second detection units = generic box 51, 52.
Rule 105 - Request for Information
Applicant and the assignee of this application are required under 37 CFR 1.105 to provide the following information that the examiner has determined is reasonably necessary to the examination of this application.
In view of Applicant’s Figures which comprise mere block diagrams for the component(s) listed below, it appears Applicant intends for said components to comprise what is conventional and known in the art (see MPEP 608.02(d)) however applicant has failed to provide an adequate disclosure and description of said components, nor has applicant used conventional terminology for said components making the components unknown.
Therefore, Applicant is required to provide further background information on their invention, particularly for the following components of:
First/second control unit = generic box 41, 42.
First/second detection units = generic box 51, 52.
including:
Component name as used in the art and as used by the manufacturer;
Component manufacturer; and
Component specification data sheet(s).
as well as a detailed summary of the improvements associated with the invention and any technical information known to applicant concerning the related art particularly for said components listed above.
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 1-15 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.
1. An on-board backup control apparatus for use in (“for use in” is confusing in light of the lengthy sentence that following making it unclear what structure following in the preamble is intended to be positively recited and which is “for use”) an on-board power supply system that comprises a power supply unit and power storage portions (unclear whether this is referring to the on-board backup control apparatus or the on-board supply system), the on-board backup control apparatus performing a backup operation of supplying power to loads based on power from the power storage portions during a predetermined external state in which power supply from the power supply unit to the loads has been interrupted or has decreased (improper recitation of method steps. Unclear what structure is intended to be added by these method steps in the preamble), the on-board backup control apparatus comprising:
a first supply circuit that can output, (unclear what structure is intended by “that can output”. When using functional language to limit a component said function should be positively recited, such as “a first supply circuit configured to output…” Unclear whether “can” is intended as a positive or optional claim language) to a common load via a first conductive path, power based on a first power storage portion that is one of the power storage portions (limitation of “power based on…” is unintelligible both in what function is attempted to be claimed and more importantly, what structure is intended to be added by it to the apparatus claim);
a second supply circuit that can output (see above), to the common load via a second conductive path, power based on a second power storage portion that is one of the power storage portions (see above); and
a control unit (lack of support for means for claim construction, see above) that causes the first and second supply circuits to perform the backup operation during the external state (lack of antecedent basis for “the external state” noting “a predetermined external state” is previously disclosed but not “an external state”),
wherein the second supply circuit supplies power based on the second power storage portion to at least one first load and at least one second load (claim limitation is improperly narrative and not tied to any structure. Unclear whether it is intended to be tied to the control unit and if so, how the narrative operation is tied to the control unit), and
during the external state, the control unit executes predetermined prioritizing control for prioritizing a first backup operation of supplying power based on the second power storage portion to the first load over a second backup operation of supplying power based on the second power storage portion to the second load (The claim limitation is unintelligible as a whole and unclear what function is intended to be added to the structure of the undisclosed control unit. The functional description appears to suffer from being overly wordy and should be rewritten to clearly articulate the intended function of the “prioritizing” being performed).
2. The on-board backup control apparatus according to claim 1further including:
a third conductive path which is a path for outputting power to the common load and to which power is supplied from the first and second conductive paths (the claim attempts to narratively describe the operation of the device. The claim should be rewritten to positively recite the structure intended to be added to the apparatus claim. It is suggested “which is a…” be replaced with “comprising” followed by the structure “which is” used to perform the narrative operation),
wherein the first supply circuit comprises a first switching element that is provided on the first conductive path, the first switching element allowing current to flow from the first-power- storage-portion side to the third-conductive-path side in an on state and interrupting the flow of current from the first-power-storage-portion side to the third-conductive-path side in an off state (the claim attempts to narratively describe the operation of the device. The claim should be rewritten to positively recite the structure intended to be added to the apparatus claim.),
the second supply circuit comprises a second switching element that is provided on the second conductive path, the second switching clement allowing current to flow from the second- power-storage-portion side to the third-conductive-path side in an on state and interrupting the flow of current from the second-power-storage-portion side to the third-conductive-path side in an off state (the claim attempts to narratively describe the operation of the device. The claim should be rewritten to positively recite the structure intended to be added to the apparatus claim.),
the control unit comprises a first control unit and a second control unit that respectively control the first supply circuit and the second supply circuit, the first and second control units are configured to be capable of mutually communicating (the claim limitation “mutually communicating” is unintelligible nor is there structure to support any form of “communicating”), and during the second backup operation, a voltage based on the second power storage portion is applied to the third conductive path via the second conductive path by the second control unit placing the second switching element in the on state while (improperly narrative claim reads as method steps rather than recitations of structure limiting an apparatus claim) the first control unit places the first switching element in the off state, and, during the first backup operation, a voltage based on the first power storage portion is applied to the third conductive path via the first conductive path by the second control unit placing the second switching element in the off state while the first control unit places the first switching element in the on state (improperly narrative claim reads as method steps rather than recitations of structure limiting an apparatus claim).
3. The on-board backup control apparatus according to claim 1 further including;
a third conductive path which is a path for outputting power to the common load and to which power is supplied from the second conductive path (the claim attempts to narratively describe the operation of the device. The claim should be rewritten to positively recite the structure intended to be added to the apparatus claim. It is suggested “which is a…” be replaced with “comprising” followed by the structure “which is” used to perform the narrative operation); and
a diode that is provided between the first and third conductive paths, an anode and a cathode of the diode being electrically connected to the first-conductive-path side and the third-conductive- path side, respectively,
wherein the first supply circuit comprises a first conversion unit that (“that” makes the claim improperly read as method steps. The term “that” should be replaced with “configured to”) boosts or steps-down an input voltage that is based on power from the first power storage portion and applies an output voltage to the first conductive path (claim limitation appears to be improperly narrative and unclear what structure is being added here),
the second supply circuit comprises a second conversion unit that (“that” makes the claim improperly read as method steps. The term “that” should be replaced with “configured to”) boosts or steps-down an input voltage that is based on power from the second power storage portion and applies an output voltage to the second conductive path (claim limitation appears to be improperly narrative and unclear what structure is being added here), and
during the prioritizing control, the control unit controls output to the first conductive path by the first conversion unit and output to the second conductive path by the second conversion unit so that power based on the second power storage portion is supplied to the third conductive path via the second conductive path and power based on the first power storage portion is interrupted by the diode.
4. The on-board backup control apparatus according to claim 3 further including;
a first voltage detection unit that detects a voltage of the first conductive path; and
a second voltage detection unit that detects a voltage of the third conductive path,
wherein, during the prioritizing control, the control unit controls (improperly narrative limitations read as method steps rather than structure. Should read “the control unit is configured to….) the first conversion unit so that a voltage based on the first power storage portion is applied to the first conductive path, controls the second conversion unit so that a voltage based on the second power storage portion is applied to the third conductive path, and controls the first and second conversion units based on voltage detection results by the first and second voltage detection units so that the voltage of the third conductive path is maintained at a voltage at which current flow from the first conductive path to the third conductive path is interrupted. (claim limitations are improperly narrative)
5. The on-board backup control apparatus according to claim 3 further including;
a current detection unit that detects current flowing in the first conductive path, wherein, during the prioritizing control, the control unit controls the first conversion unit so that a voltage based on the first power storage portion is applied to the first conductive path, controls the second conversion unit so that a voltage based on the second power storage portion is applied to the third conductive path, and controls the first and second conversion units based on a detection result by the current detection unit so that current flowing from the first conductive path toward the diode becomes close to zero or below zero. (Claim is improperly narrative is must be directed to structure, ie “configured to…”)
6. (Original) The on-board backup control apparatus according to claim 3, wherein the control unit includes a first control unit and a second control unit that respectively control the first supply circuit and the second supply circuit, the first and second control units are configured to be capable of mutually communicating (the claim limitation “mutually communicating” is unintelligible nor is there structure to support any form of “communicating”), and during the prioritizing control, the first control unit controls the first conversion unit so that a voltage based on the first power storage portion is applied to the first conductive path, the second control unit controls the second conversion unit so that a voltage based on the second power storage portion is applied to the third conductive path, and the first and second control units control the first and second conversion units so that a voltage of the third conductive path is maintained at a voltage at which current flow from the first conductive path to the third conductive path is interrupted. (Claim is improperly narrative and reads as method steps of the control unit “controls”).
7. The on-board backup control apparatus according to claim 1,
wherein the prioritizing control includes restricting control for stopping the supply of power based on the second power storage portion to the second load once the second power storage portion enters a predetermined state, and
the control unit executes the restricting control in accordance with the predetermined state until a cumulative operation time of the first load based on the first backup operation reaches a predefined time. (The claim as a whole is unintelligible and appears to be improperly narrative. The functional language should be rewritten for clarity and simplicity and the “based on” operations clearly defined so that the desired function and clear and articulate).
8. The on-board backup control apparatus according to claim 7, wherein the predetermined state is a state in which an open-circuit voltage of the second power storage portion has equaled or fallen below a cut-off voltage set according to a predetermined determination method. (The claim as a whole is so broad as to be unintelligible given the plurality of unknown variables that cumulate together).
10. The on-board backup control apparatus according to claim 2,
wherein the prioritizing control includes restricting control for stopping the supply of power based on (said “basis” is unclear what structure this adds to the apparatus claim) the second power storage portion to the second load once the second power storage portion enters a predetermined state (“predetermined state” unclear what structure this is intended to add to the apparatus claim), and
the control unit executes the restricting control in accordance with the predetermined state until a cumulative operation time of the first load based on (based on should be defined) the first backup operation reaches a predefined time. (The claim as a whole is so broad as to be unintelligible given the plurality of unknown variables that cumulate together).
11.The on-board backup control apparatus according to The on-board backup control apparatus according to wherein the prioritizing control includes restricting control for stopping the supply of power based on the second power storage portion to the second load once the second power storage portion enters a predetermined state, and the control unit executes the restricting control in accordance with the predetermined state until a cumulative operation time of the first load based on the first backup operation reaches a predefined time. (Claim as a whole is unintelligible with too many unknown variables the cumulate into an unintelligible function disclosed narratively making the intended structure to be added to the apparatus claim unknown).
12. The on-board backup control apparatus according to claim 4, wherein the prioritizing control includes restricting control for stopping the supply of power based on the second power storage portion to the second load once the second power storage portion enters a predetermined state, and the control unit executes the restricting control in accordance with the predetermined state until a cumulative operation time of the first load based on the first backup operation reaches a predefined time. (Claim as a whole is unintelligible with too many unknown variables the cumulate into an unintelligible function disclosed narratively making the intended structure to be added to the apparatus claim unknown).
13. Theon-board backup control apparatus according to claim 5, wherein the prioritizing control includes restricting control for stopping the supply of power based on the second power storage portion to the second load once the second power storage portion enters a predetermined state, and the control unit executes the restricting control in accordance with the predetermined state until a cumulative operation time of the first load based on the first backup operation reaches a predefined time. (Claim as a whole is unintelligible with too many unknown variables the cumulate into an unintelligible function disclosed narratively making the intended structure to be added to the apparatus claim unknown).
14. The on-board backup control apparatus according to claim 6, wherein the prioritizing control includes restricting control for stopping the supply of power based on the second power storage portion to the second load once the second power storage portion enters a predetermined state, and the control unit executes (improper method step in an apparatus claim) the restricting control in accordance with the predetermined state until a cumulative operation time of the first load based on the first backup operation reaches a predefined time. (Claim as a whole is unintelligible with too many unknown variables the cumulate into an unintelligible function disclosed narratively making the intended structure to be added to the apparatus claim unknown).
Because of the great deal of confusion and uncertainty as to the proper interpretation of the limitations of the claim(s), it is not proper to reject the present claim(s) on the basis of prior art. (See MPEP 2173.06 and In re Steele, 305 F.2d 859, 134 USPQ 292 (CCPA 1962).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL CAVALLARI whose telephone number is (571)272-8541. The examiner can normally be reached on Monday-Friday, 10:00-18:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rexford Barnie can be reached at (571)272-7492. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL CAVALLARI/Primary Examiner, Art Unit 2836