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 .
Drawings
The drawings were received on 9/1/23. These drawings are approved.
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 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 non-statutory 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 non-statutory 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 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,766,920. Although the claims at issue are not identical, they are not patentably distinct from each other because the differences merely involve broadening or omitting limitations of the already patented claims while remaining directed to the same multi-phase traction inverter.
Broader claims can still be an obvious variation of a narrower patented claim if it omits limitations or generalizes features of the earlier patented claims. Therefore, allowing the instant claims would improperly extend the rights to exclude for the same invention.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (US Publication 2019/0092180) and Sharma (US Publication 2019/0181759).
Claims 1, 8, and 14, Zhu teaches a method/apparatus for operating a traction system comprising: an inverter 106 including a plurality of semiconductor devices (see fig. 1, 106); main controller 302 for controlling the overall operation of system 100 provided onboard an electric vehicle (see paragraph 0026); and a controller 306 coupled to a plurality of phases of inverter 106 for controlling the operating state of the multiple semiconductor devices found in the inverter, wherein the inverter 106 is operated as a traction inverter for operating an electric motor 102 and as a boost converter (as described in paragraphs 0065-0066).
Although controlling the state of each semiconductor device in inverter 106 is based on the operating mode of said inverter (traction or boost), Zhu does not describe the specific control algorithm for each of the semiconductor devices, wherein they can be configured to operate in a fully on state, a fully off state, and an intermediate state between the fully on state and the fully off state.
However, Sharma teaches a controlling scheme for a plurality of semiconductor devices in a power converter 110 (200), the controlling scheme comprises: switching the plurality of semiconductor devices between at least three different states, the at least three states comprising a fully on state (Ton), a fully off state (Toff), and an intermediate state (COM1/COM2) between the fully on and the fully off states as described in paragraphs 0018 and 0031-0032, wherein the power converter can be operated as a buck or boost converter.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to control a power converter (traction inverter) in a plurality of operating states to include semiconductor devices being on, off, or in between in order to decrease ripple in the power converter output signal and optimize the operation of the power converter as described by Sharma in paragraph 0050.
Claims 2 and 15, Zhu teaches a plurality of switches (see inverter 106 in fig. 1) operated by a controller (controller 306 or main controller 302), wherein the controller connects an energy storage (capacitor) as an input device of the traction inverter 106 when the inverter is driving motor 102 and connects the energy storage as an output device when the inverter 106 is operating as a boost converter (see paragraph 0065).
Claims 3, 9, and 16, Zhu teaches a traction inverter 106 having a plurality of phases connected to a plurality of phases of motor 102 (see fig. 1).
Claims 4, 10, and 17, Sharma teaches a controller 105 for controlling a plurality of phases from converter 200 in order to control an output current IL (see paragraph 0050).
Claims 5, 11, and 18, Zhu describes a traction inverter comprising a positive voltage terminal 106p, a negative terminal 106n, a DC capacitor, and a plurality of switches (see fig. 1), wherein controller 302 and 306 rearrange the connections of the plurality of switches among an energy storage system 108, the positive terminal 106p, the negative terminal 106n, and the DC capacitor.
Claim 6, Zhu teaches operating the power converter 106 as a boost converter as described in the rejection of claim 1 above.
Claims 7, 13, and 19-20, Zhu teaches a motor 102 comprising a plurality of windings connected to the plurality of inverter windings as described in fig. 1, wherein the configuration of the motor windings depends on the operating states of the plurality of switches.
Claim 12, Sharma teaches controller 105 for operating power converter as a buck or boost converter, see fig. 1 and corresponding description.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The documents cited in the attached PTO-892 describe other power converters for controlling the operation of electric motors, wherein the power converter includes a traction inverter having a plurality of semiconductor devices that operate in various modes such as fully on mode or fully off mode.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rina I Duda whose telephone number is (571)272-2062. The examiner can normally be reached M-F 8-4 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Colon-Santana can be reached at (571) 272-2060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RINA I DUDA/Primary Examiner, Art Unit 2846