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 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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
controlling unit [Fig. 1: controlling unit 102] in claims 2-5 and 7-10
current adjusting unit in claim 1 [Fig. 1 and 3, current adjusting unit 131]
voltage adjusting unit [para. 0014: voltage regulator] claims 6-8
power source module [Fig. 1: power source module 11] in claims 1-8
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-10 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 written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1-10 are rejected because the specification fails to provide adequate written description of a current adjusting unit, controlling unit, and power source module to support interpretation according to 35 U.S.C. 112(f). The specification discloses a current adjusting unit in an abstract, “black box” fashion, without any indication of its internal structure [Fig. 1]. The written description describes the current adjusting unit in an entirely functional manner, and also fails to provide any guidance regarding its structure. The specification therefore fails to provide adequate written description of a structure capable of performing the claimed functions associated with the current adjusting unit.
Similar reasoning may be applied to the controlling unit and the “power source module”. The specification discloses the power source module as comprising a controlling unit and a rectifier circuit. To the extent that the specification fails to provide adequate written description of structure for the controlling unit, and also fails to disclose any other structure within the power source module that is configured to perform the functions associated with the controlling unit, it also fails to provide adequate written description of structure that is capable of executing the functions associated with the power source module.
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 1-10 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 1-10 invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Claims 1-10 are rejected because the specification fails to provide adequate written description of a current adjusting unit, controlling unit, and power source module to support interpretation according to 35 U.S.C. 112(f). The specification discloses a current adjusting unit in an abstract, “black box” fashion, without any indication of its internal structure [Fig. 1]. The written description describes the current adjusting unit in an entirely functional manner, and also fails to provide any guidance regarding its structure. The specification therefore fails to provide adequate written description of a structure capable of performing the claimed functions associated with the current adjusting unit.
Similar reasoning may be applied to the controlling unit and the “power source module”. The specification discloses the power source module as comprising a controlling unit and a rectifier circuit. To the extent that the specification fails to provide adequate written description of structure for the controlling unit, and also fails to disclose any other structure within the power source module that is configured to perform the functions associated with the controlling unit, it also fails to provide adequate written description of structure that is capable of executing the functions associated with the power source module.
Therefore, the claims are indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
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(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, 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 and clearly links them to the function 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.
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Claim 1 is also rejected as indefinite because it is directed to a power distribution board1 (PDB), but also recites that the current adjusting unit of the PDB is connected between a power source module (PSM) and a motherboard. Since the PSM and motherboard exist outside the PDB, it is unclear how they may further limit the PDB itself. It is also unclear whether the PSM and motherboard connections are merely an intended use for the PDB (and therefore possibly non-limiting). If the PSM and motherboard are limitations for the invention, the preamble of claim 1 should be amended to recite an apparatus comprising the PDB, PSM, and motherboard, thereby clearly indicating that all three components are part of the claimed invention. Similar reasoning may be applied to claims 4 and 5 which recite additional limitations for the PSM. If the invention is solely a PDB, it is unclear how claims 4 and 5 may further limit structures outside of the claimed PDB.
For the purposes of prior art comparison, claim 1 will be interpreted as being directed to an invention comprising a PDB, power source module, and motherboard. Claim 1 should be amended to reflect this interpretation to be consistent with the body of the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tsai et al., U.S. Patent Application Publication No. 2011/0029789, discloses a power distribution board with overcurrent and overvoltage protection circuits, the PDB coupled between a power supply and a motherboard [Fig. 1].
Lin et al., U.S. Patent Application Publication No. 2009/0327771, discloses a power translating board coupled between a pair of power supplies and a motherboard [Fig. 2].
Bushue, U.S. Patent No. 6,421,215, discloses a power distribution board with a shunt that shunts a power rail to ground upon detecting an overcurrent condition [col. 2, line 60 to col. 3, line 9].
Harrenstein et al., U.S. Patent Application Publication No. 7,774,633, discloses a power cycle module coupled between a power supply and a processor board [Fig. 1B].
Shih et al., U.S. Patent Application Publication No. 2015/0286274, discloses a power supply module [Fig. 1: power supply device 1] for a motherboard [motherboard 2] including a rectifier circuit [rectifying/filtering unit 16] and a switch [switch unit 15] that guides control signals [main and standby power supply modules] into a signal line [Vsb; para. 0029: switch selectively routes main or standby power to Vsb based on operating state of motherboard].
Zhou, U.S. Patent Application Publication No. 2014/0298055, discloses a power supply module for a motherboard that includes a controlling unit connected with the motherboard and configured to output control signals based on an operation state of the motherboard [Fig. 1; para. 0009, 0010: motherboard outputs PSON signal, changing states of various internal signals of energy saving circuit 10].
Jia et al., U.S. Patent Application Publication No. 2008/0168288, discloses a power-save circuit coupled to a power supply and a motherboard [Fig. 1 and 2].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JI H BAE whose telephone number is (571)272-7181. The examiner can normally be reached Tuesday to Friday and every other Monday, 9 am to 6 pm.
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/JI H BAE/Primary Examiner, Art Unit 2176 U.S. Patent and Trademark Office
Phone: 571-272-7181
Fax: 571-273-7181
ji.bae@uspto.gov
1 The preamble recites a power distribution board comprising the subsequently recited components.
Prosecution Insights