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 .
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Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements filed 11/21/2023, 5/14/2025 have been fully considered and are attached hereto.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11,864,362. Although the claims at issue are not identical, they are not patentably distinct from each other because:
With respect to claim 1, claim 1 of the ‘362 reference recites (recitations of the ‘362 reference in parentheses) a power supply apparatus comprising (Cl. 1, verbatim): a first heating member (Verbatim); a case having a box shape with one surface open, the case being configured to house the first heating member (Verbatim); a circuit board (Verbatim); a second heating member connected to the circuit board (Verbatim); a heat dissipation housing configured to house the case, the circuit board, and the second heating member, and to dissipate heat of the first heating member and the second heating member (Nearly verbatim); and a heat transfer member having a thermal conductivity higher than a thermal conductivity of the case, the heat transfer member including a first portion disposed in contact with a first outer surface of the case, and a second portion disposed in contact with the heat dissipation housing (Nearly verbatim), wherein the second heating member is disposed in contact with the heat transfer member (Verbatim).
With respect to claims 2-11, claims 2-11, respectively, of the ‘362 reference recites the limitations therein verbatim.
With respect to claim 12, claim 12 of the ‘362 reference recites the limitations therein with minor changes thereto.
With respect to claims 13-15, claims 13-15, respectively, of the ‘362 reference recites the limitations therein verbatim.
With respect to claims 16-19, claims 16-19, respectively, of the ‘362 reference recites the limitations therein nearly verbatim.
Claims 16-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, 8, and 9 of U.S. Patent No. 11,330,742. Although the claims at issue are not identical, they are not patentably distinct from each other because:
With respect to claim 16, claim 1 of the ‘742 reference recites (recitations of the ‘742 reference in parentheses) a power supply apparatus comprising (Verbatim): a first heating member (Verbatim); a case having a box shape with one surface open, the case being configured to house the first heating member (Nearly verbatim); a circuit board (Verbatim); a second heating member connected to the circuit board (Verbatim); a heat dissipation housing configured to house the case, the circuit board, and the second heating member, and to dissipate heat of the first heating member and the second heating member (Verbatim); and a heat transfer member having a thermal conductivity higher than a thermal conductivity of the case (Verbatim), the heat transfer member disposed in contact with a first outer surface of the case (Nearly verbatim), wherein the second heating member is disposed in contact with the heat transfer member (Verbatim), and wherein the heat transfer member is disposed in contact with a wall surface of the heat dissipation housing such that the heat transfer member is thermally connected to the heat dissipation housing (“wherein the second heating member is disposed in contact with the heat transfer member, and wherein when disposed in contact with a wall surface of the heat dissipation housing, the heat transfer member dissipates the heat of the first heating member and the second heating member” where, here, the ‘742 reference permits two scenarios, i) where the heat transfer member is in contact with a wall surface of the housing, and ii) where the heat transfer member is not in contact with a wall surface of the housing. Scenario i) anticipates the last 3 lines of claim 16.).
With respect to claim 17, claim 5 of the ‘742 reference recites the limitations therein verbatim.
With respect to claim 18, claim 8 of the ‘742 reference recites the limitations therein verbatim.
With respect to claim 19, claim 9 of the ‘742 reference recites the limitations therein verbatim.
Claims 1-3, 5, 7-8, 12-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5, 8-9 of U.S. Patent No. 11,330,742 in view of Nomura et al. (US 8,907,758 – hereinafter, “Nomura”).
With respect to claim 1, claim 1 of the ‘742 reference recites (recitations of the ‘742 reference in parentheses) a power supply apparatus comprising (Cl. 1, verbatim): a first heating member (Verbatim); a case having a box shape with one surface open, the case being configured to house the first heating member (Verbatim); a circuit board (Verbatim); a second heating member connected to the circuit board (Verbatim); a heat dissipation housing configured to house the case, the circuit board, and the second heating member, and to dissipate heat of the first heating member and the second heating member (Nearly verbatim); and a heat transfer member having a thermal conductivity higher than a thermal conductivity of the case, the heat transfer member including a first portion disposed in contact with a first outer surface of the case (Verbatim), wherein the second heating member is disposed in contact with the heat transfer member (Verbatim).
The ‘742 reference fails to specifically recite that the heat transfer member includes a second portion disposed in contact with the heat dissipation housing.
Nomura, however, teaches a case (4) with a first heating member (1) therein and a heat transfer member (40) mounted to the case and in contact with a heat dissipation housing (Cooling base, Col. 2, ll. 27-38).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Nomura with that of the ‘742 reference, such that the heat transfer member has a second portion disposed in contact with the heat dissipation housing, as taught by Nomura, since doing so would enhance heat release performance of the power supply apparatus (Nomura: Col 2, ll. 35-38).
With respect to claim 2, claims 1-2 of the ‘742 reference recites the limitations therein nearly verbatim.
With respect to claim 3, claim 3 of the ‘742 reference recites the limitations therein nearly verbatim.
With respect to claim 5, claim 5 of the ‘742 reference recites the limitations therein nearly verbatim.
With respect to claim 7, claim 8 of the ‘742 reference recites the limitations therein nearly verbatim.
With respect to claim 8, claim 9 of the ‘742 reference recites the limitations therein verbatim.
With respect to claim 12, claim 1 of the ‘742 reference recites (recitations of the ‘742 reference in parentheses) a power supply apparatus comprising (Cl. 1, verbatim): a first heating member (Verbatim); a case having a box shape with one surface open, the case being configured to house the first heating member (Verbatim); a circuit board (Verbatim); a second heating member connected to the circuit board (Verbatim); and a heat dissipation housing configured to house the case, the circuit board, and the second heating member, and to dissipate heat of the first heating member and the second heating member (Nearly verbatim); and a heat transfer member having a thermal conductivity higher than a thermal conductivity of the case, the heat transfer member disposed in contact with a first outer surface of the case (nearly verbatim), wherein the second heating member is disposed in contact with the heat transfer member (Verbatim).
The ‘742 reference fails to specifically recite that the heat transfer member disposed in contact with the heat dissipation housing.
Nomura, however, teaches a case (4) with a first heating member (1) therein and a heat transfer member (40) mounted to the case and in contact with a heat dissipation housing (Cooling base, Col. 2, ll. 27-38).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Nomura with that of the ‘742 reference, such that the heat transfer member has a second portion disposed in contact with the heat dissipation housing, as taught by Nomura, since doing so would enhance heat release performance of the power supply apparatus (Nomura: Col 2, ll. 35-38).
With respect to claim 13, claim 5 of the ‘742 reference recites the limitations therein verbatim.
With respect to claim 14, claim 8 of the ‘742 reference recites the limitations therein verbatim.
With respect to claim 15, claim 9 of the ‘742 reference recites the limitations therein verbatim.
Allowable Subject Matter
Claims 1-19, pending approved Terminal Disclaimers, are allowed.
The following is an examiner’s statement of reasons for allowance:
With respect to claims 1-11, the allowability resides in the overall structure of the device as recited in independent claim 1 and at least in part because claim 1 recites, “a heat dissipation housing configured to house the case, the circuit board, and the second heating member, and to dissipate heat of the first heating member and the second heating member; and a heat transfer member having a thermal conductivity higher than a thermal conductivity of the case, the heat transfer member including a first portion disposed in contact with a first outer surface of the case, and a second portion disposed in contact with the heat dissipation housing”.
The aforementioned limitations in combination with all remaining limitations of claim 1 are believed to render said claim 1 and all claims dependent therefrom patentable over the art of record.
With respect to claims 12-15, the allowability resides in the overall structure of the device as recited in independent claim 12 and at least in part because claim 12 recites, “a heat dissipation housing configured to house the case, the circuit board, and the second heating member, and to dissipate heat of the first heating member and the second heating member; and a heat transfer member having a thermal conductivity higher than a thermal conductivity of the case, the heat transfer member disposed in contact with a first outer surface of the case, and disposed in contact with the heat dissipation housing”.
The aforementioned limitations in combination with all remaining limitations of claim 12 are believed to render said claim 12 and all claims dependent therefrom patentable over the art of record.
With respect to claims 16-19, the allowability resides in the overall structure of the device as recited in independent claim 16 and at least in part because claim 16 recites, “a heat dissipation housing configured to house the case, the circuit board, and the second heating member, and to dissipate heat of the first heating member and the second heating member; and a heat transfer member having a thermal conductivity higher than a thermal conductivity of the case, the heat transfer member disposed in contact with a first outer surface of the case, wherein the second heating member is disposed in contact with the heat transfer member, and wherein the heat transfer member is disposed in contact with a wall surface of the heat dissipation housing such that the heat transfer member is thermally connected to the heat dissipation housing”.
The aforementioned limitations in combination with all remaining limitations of claim 16 are believed to render said claim 16 and all claims dependent therefrom patentable over the art of record.
While Abe as modified by Nix teaches some of the limitations of claims 1, 12 and 16 as per the previous rejection to claim 6 in parent application 17/072,917 (See, pp. 3-4 of the Non-Final office action dated 9/27/2021), neither Abe nor Nix nor any other art of record – either alone or in combination – teach or suggest all the limitations of claims 1, 12, and 16.
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Conclusion
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/ZACHARY PAPE/Primary Examiner, Art Unit 2835