DETAILED ACTION
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, 2, 8, 9, 15, and 16 are objected to because of the following informalities:
In claim 1, “,” should be deleted from lines 7 and 11.
In claim 2, “determining” should be replaced with --the determining of-- in line 1; --obtaining-- should be added after “comprises” in line 2; and “obtained” should be deleted from line 2.
In claim 8, “,” should be deleted from lines 4 and 8.
In claim 9, “determining” should be replaced with --the determining of-- in line 1; --obtaining-- should be added after “comprises” in line 2; and “obtained” should be deleted from line 2.
In claim 15, “,” should be deleted from lines 6 and 9.
In claim 16, “determining” should be replaced with --the determining of-- in line 1; --obtaining-- should be added after “comprises” in line 2; and “obtained” should be deleted from line 3.
Appropriate correction is required.
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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Claims 1-3, 5-10, 12-17, 19, and 20 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over respective claims 1, 2, 6, 3-5, 8, 9, 13, 10-12, 15, 16, 19, 17, and 18 of U.S. Patent 12,253,423 [hereinafter ‘423]. Although the claims at issue are not identical, they are not patentably distinct from each other because of the reasons stated below.
Referring to claim 1 of the instant application, claim 1 of ‘423 (paragraph 17, lines 27-45) claims a system comprising:
a memory device; and
a processing device, operatively coupled to the memory device, to perform operations comprising:
receiving a first hotspot temperature measurement with respect to a hotspot, wherein the first hotspot temperature measurement is based on a first temperature measurement received from a first thermal sensor (of the claimed plurality of thermal sensors) and a first thermal offset associated with the first thermal sensor (respective thermal offsets);
receiving a second hotspot temperature measurement with respect to the hotspot, wherein the second hotspot temperature measurement is based on a second temperature measurement received from a second thermal sensor (of the claimed plurality of thermal sensors) and a second thermal offset associated with the second thermal sensor (respective thermal offsets); and
determining, using at least the first and second hotspot temperature measurements (from the plurality of hotspot temperature measurements), a generalized hotspot temperature measurement of the hotspot (for the thermal sensor group).
Referring to claim 2 of the instant application, claim 2 of ‘423 claims all of the limitations of claim 2 of the instant application, as stated above with respect to claim 1 of the instant application, and further claims that the determining of the generalized hotspot temperature measurement comprises an average hotspot temperature measurement obtained by averaging a plurality of temperature measurements comprising at least the first and second hotspot temperature measurements (the plurality of hotspot temperature measurements).
Referring to claim 3 of the instant application, claim 6 of ‘423 claims all of the limitations of claim 3 of the instant application, as stated above with respect to claim 1 of the instant application, and further claims that the first hotspot temperature measurement (of the plurality of hotspot temperature measurements) comprises a sum of the first temperature measurement received from the first thermal sensor (of the respective thermal sensor), the first thermal offset (of the respective thermal offset), and an error associated with the first thermal sensor (the respective thermal sensor).
Referring to claim 5 of the instant application, claim 3 of ‘423 claims all of the limitations of claim 5 of the instant application, as stated above with respect to claim 1 of the instant application, and further claims that the first thermal offset (respective thermal offset) is based on a temperature gradient between the first thermal sensor (respective thermal sensor) and the hotspot.
Referring to claim 6 of the instant application, claim 4 of ‘423 claims all of the limitations of claim 6 of the instant application, as stated above with respect to claim 1 of the instant application, and further claims that the operations further comprise performing at least one temperature management action utilizing the generalized hotspot temperature measurement.
Referring to claim 7 of the instant application, claim 5 of ‘423 claims all of the limitations of claim 7 of the instant application, as stated above with respect to claim 1 of the instant application, and further claims an integrated circuit comprising a plurality of thermal domains, wherein the hotspot, the first thermal sensor, and the second thermal sensor are located in a first thermal domain of the plurality of thermal domains (the thermal sensor group are within a thermal domain of a plurality of thermal domains).
Referring to claim 8 of the instant application, claim 8 of ‘423 claims a method comprising:
receiving, by a processing device, a first hotspot temperature measurement with respect to a hotspot, wherein the first hotspot temperature measurement is based on a first temperature measurement received from a first thermal sensor (of the claimed plurality of thermal sensors) and a first thermal offset associated with the first thermal sensor (respective thermal offsets);
receiving, by the processing device, a second hotspot temperature measurement with respect to the hotspot, wherein the second hotspot temperature measurement is based on a second temperature measurement received from a second thermal sensor (of the claimed plurality of thermal sensors), and a second thermal offset associated with the second thermal sensor (respective thermal offsets); and
determining, by the processing device using at least the first and second hotspot temperature measurements (from the plurality of hotspot temperature measurements), a generalized hotspot temperature measurement of the hotspot (for the thermal sensor group).
Referring to claim 9 of the instant application, claim 9 of ‘423 claims all of the limitations of claim 9 of the instant application, as stated above with respect to claim 8 of the instant application, and further claims that the determining of the generalized hotspot temperature measurement comprises an average hotspot temperature measurement obtained by averaging a plurality of temperature measurements comprising at least the first and second hotspot temperature measurements (the plurality of hotspot temperature measurements).
Referring to claim 10 of the instant application, claim 13 of ‘423 claims all of the limitations of claim 10 of the instant application, as stated above with respect to claim 8 of the instant application, and further claims that the first hotspot temperature measurement (of the plurality of hotspot temperature measurements) comprises a sum of the first temperature measurement received from the first thermal sensor (of the respective thermal sensor), the first thermal offset (of the respective thermal offset), and an error associated with the first thermal sensor (the respective thermal sensor).
Referring to claim 12 of the instant application, claim 10 of ‘423 claims all of the limitations of claim 12 of the instant application, as stated above with respect to claim 8 of the instant application, and further claims that the first thermal offset (respective thermal offset) is based on a temperature gradient between the first thermal sensor (respective thermal sensor) and the hotspot.
Referring to claim 13 of the instant application, claim 11 of ‘423 claims all of the limitations of claim 13 of the instant application, as stated above with respect to claim 8 of the instant application, and further claims performing, by the processing device, at least one temperature management action utilizing the generalized hotspot temperature measurement.
Referring to claim 14 of the instant application, claim 12 of ‘423 claims all of the limitations of claim 14 of the instant application, as stated above with respect to claim 8 of the instant application, and further claims that the hotspot, the first thermal sensor, and the second thermal sensor (thermal sensor group) are located in a first thermal domain of the plurality of thermal domains of an integrated circuit (the thermal sensor group are within a thermal domain of a plurality of thermal domains).
Referring to claim 15 of the instant application, claim 15 of ‘423 claims a non-transitory computer-readable storage medium comprising executable instructions that, when executed by a computing system, cause the computing system to perform operations comprising:
receiving a first hotspot temperature measurement with respect to a hotspot, wherein the first hotspot temperature measurement is based on a first temperature measurement received from a first thermal sensor (of the claimed plurality of thermal sensors) and a first thermal offset associated with the first thermal sensor (respective thermal offsets);
receiving a second hotspot temperature measurement with respect to the hotspot, wherein the second hotspot temperature measurement is based on a second temperature measurement received from a second thermal sensor (of the claimed plurality of thermal sensors) and a second thermal offset associated with the second thermal sensor (respective thermal offsets); and
determining, using at least the first and second hotspot temperature measurements (from the plurality of hotspot temperature measurements), a generalized hotspot temperature measurement of the hotspot (for the thermal sensor group).
Referring to claim 16 of the instant application, claim 16 of ‘423 claims all of the limitations of claim 16 of the instant application, as stated above with respect to claim 15 of the instant application, and further claims that the determining of the generalized hotspot temperature measurement comprises obtaining an average hotspot temperature measurement by averaging a plurality of temperature measurements comprising at least the first and second hotspot temperature measurements (the plurality of hotspot temperature measurements).
Referring to claim 17 of the instant application, claim 19 of ‘423 claims all of the limitations of claim 17 of the instant application, as stated above with respect to claim 15 of the instant application, and further claims that the first hotspot temperature measurement (of the plurality of hotspot temperature measurements) comprises a sum of the first temperature measurement received from the first thermal sensor (of the respective thermal sensor), the first thermal offset (of the respective thermal offset), and an error associated with the first thermal sensor (the respective thermal sensor).
Referring to claim 19 of the instant application, claim 17 of ‘423 claims all of the limitations of claim 19 of the instant application, as stated above with respect to claim 15 of the instant application, and further claims that the first thermal offset (respective thermal offset) is based on a temperature gradient between the first thermal sensor (respective thermal sensor) and the hotspot.
Referring to claim 20 of the instant application, claim 18 of ‘423 claims all of the limitations of claim 20 of the instant application, as stated above with respect to claim 15 of the instant application, and further claims that the operations perform at least one temperature management action utilizing the generalized hotspot temperature measurement.
Claims 4, 11, and 18 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over respective claims 7, 14, and 20 of ‘423 in view of U.S. Patent Application 2013/0151191 to Ranieri et al [hereinafter Ranieri].
Referring to claim 4 of the instant application, claim 7 of ‘423 claims all of the limitations of claim 4 of the instant application, as stated above with respect to claim 3 of the instant application, and further claims that the error is based on a calibration offset associated with the first thermal sensor (respective thermal sensor), but does not claim that the error is also based on noise associated with the first thermal sensor.
However, Ranieri discloses (paragraphs 2-4, 42, 48) determining a temperature distribution of an electronic device to prevent hotspots, where in thermal noise is addressed in order to reduce errors in measurements.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify claim 4 of the instant application by claiming that the error is also based on noise associated with the first thermal sensor in order to reduce errors in the temperature measurements, as suggested by Ranieri.
Referring to claim 11 of the instant application, claim 14 of ‘423 claims all of the limitations of claim 11 of the instant application, as stated above with respect to claim 10 of the instant application, and further claims that the error is based on a calibration offset associated with the first thermal sensor (respective thermal sensor), but does not claim that the error is also based on noise associated with the first thermal sensor.
However, Ranieri discloses (paragraphs 2-4, 42, 48) determining a temperature distribution of an electronic device to prevent hotspots, where in thermal noise is addressed in order to reduce errors in measurements.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify claim 11 of the instant application by claiming that the error is also based on noise associated with the first thermal sensor in order to reduce errors in the temperature measurements, as suggested by Ranieri.
Referring to claim 18 of the instant application, claim 20 of ‘423 claims all of the limitations of claim 18 of the instant application, as stated above with respect to claim 17 of the instant application, and further claims that the error is based on a calibration offset associated with the first thermal sensor (respective thermal sensor), but does not claim that the error is also based on noise associated with the first thermal sensor.
However, Ranieri discloses (paragraphs 2-4, 42, 48) determining a temperature distribution of an electronic device to prevent hotspots, where in thermal noise is addressed in order to reduce errors in measurements.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify claim 18 of the instant application by claiming that the error is also based on noise associated with the first thermal sensor in order to reduce errors in the temperature measurements, as suggested by Ranieri.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the objections set forth in this Office action, and upon the proper filing of a terminal disclaimer.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose or suggest the following in combination with the remaining limitations of the claims:
A system comprising a processing device to perform operations wherein the first hotspot temperature measurement is based on a first temperature measurement received from a first thermal sensor and a first thermal offset associated with the first thermal sensor; and wherein the second hotspot temperature measurement is based on a second temperature measurement received from a second thermal sensor and a second thermal offset associated with the second thermal sensor (claim 1).
A method wherein the first hotspot temperature measurement is based on a first temperature measurement received from a first thermal sensor and a first thermal offset associated with the first thermal sensor; and wherein the second hotspot temperature measurement is based on a second temperature measurement received from a second thermal sensor and a second thermal offset associated with the second thermal sensor (claim 8).
A non-transitory computer-readable storage medium comprising executable instructions that, when executed by a computing system, cause the computing system to perform operations wherein the first hotspot temperature measurement is based on a first temperature measurement received from a first thermal sensor and a first thermal offset associated with the first thermal sensor; and wherein the second hotspot temperature measurement is based on a second temperature measurement received from a second thermal sensor, and a second thermal offset associated with the second thermal sensor (claim 15).
Conclusion
The references made of record and not relied upon by the examiner are considered pertinent to applicant's disclosure by disclosing the determination of a hotspot, but do not disclose the allowable subject matter stated above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRELLYS JAGAN whose telephone number is (571)272-2247. The examiner can normally be reached Tuesday-Friday 8-6.
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/MIRELLYS JAGAN/
Primary Examiner
Art Unit 2855
5/29/26
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