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 . The instant application with Application Number 18/244,955 filed on 09/12/2023 is presented for examination. Claims 1-120 are pending.
Information Disclosure Statment
The Information Disclosure Statements dated 09/12/2023 and 11/27/2023 are acknowledged and the cited references have been considered in this examination.
Double Patenting
The non-statutory 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 non-statutory double patenting rejection is appropriate where the claims at issue 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); and 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 a non-statutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claim 1 is rejected on the ground of non-statutory double patenting over claim 1 of U.S. Patent No. US 11,764, 574 since the claims, if allowed, would improperly extend the “right to exclude” already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: a charging apparatus, comprising: a charging terminal; a ground terminal; and a coupling circuit coupled to the charging terminal, wherein the coupling circuit is configured to sense a charging voltage applied to the charging terminal and to selectively couple the charging terminal. The patented application anticipates the instant application claimed.
Furthermore, there is no apparent reason why applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968). See also MPEP § 804.
Claim 1 of instant application: 18/244,955
Claim 1 of paten’d application US 11,764,574
A charging apparatus, comprising: a charging terminal; a ground terminal; and a coupling circuit coupled to the charging terminal, wherein the coupling circuit is configured to sense a charging voltage applied to the charging terminal and to selectively couple the charging terminal to a first charging node in response to a first voltage being applied to the charging terminal, and to selectively couple the charging terminal to a second charging node in response to a second voltage being applied to the voltage sensing terminal, the second voltage being different from the first voltage.
A multi-voltage charging apparatus, comprising…a first charging terminal in the first compartment; a second charging terminal in the second compartment; a voltage sensing terminal…coupled to the voltage sensing terminal and to the first and second releasable latching mechanisms and configured to sense a charging voltage applied to the voltage sensing terminal; wherein the door release circuit is configured to selectively unlatch the first … response to a first voltage being applied to the voltage sensing terminal… in response to a second voltage being applied to the voltage sensing terminal, the second voltage being different from the first voltage.
Claims 2-10 of the instant application are dependent on rejected instant claim 1 above; hence rejected, at least, for their dependency on rejected claim 1.
Method claim 11 of the instant application is similar to charging apparatus claim 1 of the instant application; hence rejected based on the ground of non-statutory double patenting over claim 1 of U.S. Patent No. US 11,764, 574. Claims 12-20 are dependent on rejected claim 11; hence rejected the same.
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 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 and 11 are rejected under 35 U.S.C. 102(a1) as being anticipated by Seelye (US 5,642,030).
With respect to claims 1 and 11, Seelye discloses a charging apparatus, comprising: a charging terminal (Fig. 5, charging source 110); a ground terminal (Fig. 5, ground terminal 106); and a coupling circuit coupled to the charging terminal (Fig. 5, 124; Col. 5, lines 1-10: control circuit 100 may control the coupling of a charging source to a battery through a relay switch 124, which is coupled between the positive or negative terminals of the charging source and the battery), wherein the coupling circuit is configured to sense a charging voltage applied to the charging terminal (Fig. 5, Col. 5, lines 46-54: an input terminal 140a coupled to battery voltage sensing terminal 116 through a resistor 142)
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and to selectively couple the charging terminal to a first charging node in response to a first voltage being applied to the charging terminal (Col. 5, lines 42-54; Fig. 5, 146: voltage applied to the non-inverting input of comparator 146 is changed linearly, but at a different rate than the voltage sensed at the inverting input, and to selectively couple the charging terminal to a second charging node in response to a second voltage being applied to the voltage sensing terminal, the second voltage being different from the first voltage (Fig. 5, 148; Col. 5, lines 42-56 : adjustable precision voltage reference 148 preferably includes an adjustable voltage reference device 258 coupled between terminals 148d and 148a and having an adjustment terminal connected to terminal 148a).
Allowable Subject Matter
Claims 3 and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, including overcoming the objection or/and rejection sated above.
Contact information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YALKEW FANTU whose telephone number is (571)272-8928. The examiner can normally be reached Monday-Friday 7:00AM-4:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DREW A DUNN can be reached at 571-272-2312. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YALKEW FANTU/Primary Examiner, Art Unit 2859
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