Appeal 2007-2202
Application 10/608,169
feedback control in Huber is not possible unless there is some logic that associates
sensed temperature (and corresponding wavelengths) with target temperatures.
These arguments by Appellants have convinced us of error in the
Examiner’s rejection of independent claim 7, but not of error in the rejection of
claim 1. We concur with the Examiner’s claim interpretation, and find no
limitation in either claims 1 or 7 directed to a photonic switch. Regarding the
claimed logic, while claim 1 is in means-plus-function format, the logic limitation
is not in means-plus-function format. Thus, while Appellants’ Specification may
describe the logic as including memory and a processor, we do not import such
limitations to the claim. Claim 1 recites “logic associating one or more frequencies
of light to one or more temperatures of said resonator,” but does not recite a
memory or processor. Thus, the claim 1 “logic” limitation is broad enough to
encompass any type of logic in which one frequency is associated with one
temperature. On the other hand, claim 7 recites that a frequency is stored in a logic
device and that a temperature is stored in a logic device. Thus, claim 7 does recite
that the logic includes a storage or memory. Claim 7 also recites a processor,
however the claim does not recite that the processor is associated with the logic
device.
The Examiner has found that the temperature control circuit of Huber
inherently contains a logic equating a frequency to a temperature and as such
contains a processor and memory. While we agree with the Examiner that the
control circuit inherently contains logic, we disagree that this necessarily includes
a processor and memory. Huber teaches that a control means is used to control the
temperature of the heating element to tune the laser wavelength. From this, we
find that one skilled in the art would recognize that there is a set point temperature,
associated with the frequency of operation of the laser, which the heater is used to
7
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