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 are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
Method steps of Claims 9-11 (flowchart recommended)
must be shown or the feature(s) canceled from the claim(s).
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Figure 1 is described in ¶[16] of the published specification as a typical [i.e. apparently prior art] AC on-board charger should be designated by a legend such as --Prior Art-- because only that which is old is illustrated.
See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14 and 15 of copending Application No. 18448473 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant application Reference Application
1. A vehicle comprising:
a traction battery;
a power system having an electric machine including windings, transfer circuitry including a plurality of field effect transistors and a transformer, and an inverter system controller connected between the electric machine and the transfer circuitry; and
a switch connected between the traction battery and the transfer circuitry, the power system and the switch configured such that, during a drive mode, the switch is open and power from the traction battery bypasses the field effect transistors and the transformer, and flows through the inverter system controller to the electric machine, and during a charge mode, the switch is closed and power from a charge source flows sequentially through the windings, the inverter system controller, the transformer, and the switch to the traction battery.
14. A vehicle comprising:
a power system including a battery, an inverter, a rectifier, a transformer, an electric machine connected between the inverter and the rectifier, and a controller programmed to
during charge, operate the inverter to alter a power factor of power from a grid via the inverter, the rectifier, and windings of the electric machine, and
after the charge, close at least one contactor such that power between the battery and the inverter bypass the transformer.
9. A method comprising:
responsive to a drive mode, opening a switch connected between a traction battery and transfer circuitry including a plurality of field effect transistors and a transformer such that power from the traction battery bypasses the field effect transistors and the transformer, and flows through an inverter system controller to windings of an electric machine; and
responsive to a charge mode, closing the switch such that power from a charge source flows sequentially through the windings, the inverter system controller, the transformer, and the switch to the traction battery.
15. The vehicle of claim 14, wherein the controller is further programmed to, when preparing to charge, open the at least one contactor such that a power from the grid will pass through the transformer.
12. An automotive power control system comprising:
a controller programmed to, responsive to a charge mode, close a switch connected between a traction battery and transfer circuitry and open a pair of switches of the transfer circuitry such that power from a charge source flows through windings of an electric machine, an inverter system controller, a transformer of the transfer circuitry, and the switch to the traction battery.
While the pair of switches are not explicitly described for Claim 12, it would be simple addition for one of ordinary skill in the art to add a redundant switch for the ability to provide isolation even if one is not working.
Claims 4, 5, and 15 of the instant application are met by the reference application’s claims above due to the rectification limitations described.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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 (i.e., changing from AIA to pre-AIA ) 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al (USPGPN 20190061553).
Independent Claim 1, Yang discloses a vehicle (vehicle seen in whole in Figs. [1, 2], Figs. [3-10, esp. 3-8] shows the vehicle charging/power system in more detail, see ¶’s [17-21, 42, 43, 50, 67, 72, 83-88, 92] for information relating 100 to the vehicle as a whole) comprising:
a traction battery (high voltage battery 110 is shown to provide power to the motor, i.e. it is a traction battery);
a power system (100 in Figs. [3-8]) having an electric machine (140) including windings (141-143), transfer circuitry including a plurality of field effect transistors ([121, 122, 131-136, 211-214, esp. 121, 122, 211-214], see esp. Figs. [5, 7, 8]) and a transformer (230, Figs. [4-8]), and an inverter system (130) controller connected between the electric machine and the transfer circuitry (Figs. [3-8]); and
a switch connected between the traction battery and the transfer circuitry ([192, 193] in similar configuration to applicant’s Fig. 2), the power system and the switch configured such that, during a drive mode, the switch is open and power from the traction battery bypasses the field effect transistors and the transformer, and flows through the inverter system controller to the electric machine (¶’s [67-69, 75, 76, esp. 68, 75, 76, particularly 68]), and
during a charge mode, the switch is closed and power from a charge source (ES) flows sequentially through the windings, the inverter system controller, the transformer, and the switch to the traction battery (¶[68]).
Independent Claim 9, Yang discloses a method (Fig. 11, ¶’s [75, 76], based on structures of Figs. [1-10, esp. 3-8]) comprising:
responsive to a drive mode, opening a switch ([192, 193] in similar configuration to applicant’s Fig. 2) connected between a traction battery (high voltage battery 110 is shown to provide power to the motor, i.e. it is a traction battery) and transfer circuitry including a plurality of field effect transistors ([121, 122, 131-136, 211-214, esp. 121, 122, 211-214], see esp. Figs. [5, 7, 8]) and a transformer (230, Figs. [4-8]) such that power from the traction battery bypasses the field effect transistors and the transformer, and flows through an inverter system controller (130) to windings (141-143) of an electric machine (140, ¶’s [67-69, 75, 76, esp. 68, 75, 76, particularly 68]); and
responsive to a charge mode, closing the switch such that power from a charge source (ES) flows sequentially through the windings, the inverter system controller, the transformer, and the switch to the traction battery (¶[68]).
Independent Claim 12, Yang discloses an automotive power control system (100, Figs. [1-10, esp. 3-8], controller 190, method step of Fig. 11) comprising:
a controller (190) programmed to, responsive to a charge mode, close a switch (193) connected between a traction battery (high voltage battery 110 is shown to provide power to the motor, i.e. it is a traction battery) and transfer circuitry and open a pair of switches ([192 + switches which close and open when performing operations of 120, 130, & 210, where it is noted that applicant did not claim that this pair is permanently closed during the charge mode] in similar configuration to applicant’s Fig. 2) of the transfer circuitry such that power from a charge source (ES) flows through windings (141-143) of an electric machine (140), an inverter system controller (130), a transformer (230) of the transfer circuitry, and the switch to the traction battery (¶’s [67-69, 75, 76, esp. 68, 75, 76, particularly 68]).
Dependent Claim 2, Yang discloses the transfer circuitry includes a pair of switches configured to be closed during the drive mode and open during the charge mode ([192 + switches which close and open when performing operations of 120, 130, & 210, where it is noted that applicant did not claim that this pair is permanently closed during the charge mode] in similar configuration to applicant’s Fig. 2).
Dependent Claim 3, Yang discloses one of the pair of switches share a node with a positive terminal of the traction battery and a terminal of the switch (192).
Dependent Claim 4, Yang discloses a rectifier (170, Figs. [3-8]) connected with the windings such that, during the charge mode, power from the charge source flows first through the rectifier then the windings.
Dependent Claim 5, Yang discloses the rectifier includes a plurality of diodes and wherein the windings share a node with cathodes of some of the diodes (see esp. Figs. [5, 7]).
Dependent Claim 6, Yang discloses the transfer circuitry includes a capacitor (180, 240) configured to be connected in parallel with the traction battery when the switch is closed (Figs. [4, 6] show 120 is in parallel when 192 is closed, while Figs. [5, 7] show 120 includes 180).
Dependent Claim 7, Yang discloses a controller (190, method of at least Fig. 11) programmed to selectively open and close the switch responsive to predefined conditions (charge mode vs drive mode at least one predefined conditions).
Dependent Claim 8, Yang discloses some of the field effect transistors are connected on one side of the transformer and other of the field effect transistors are connected on another side of the transformer (see at least Figs. [5, 7]).
Dependent Claim 10, Yang discloses responsive to the drive mode, closing a pair of switches of the transfer circuitry ([192 + switches which close and open when performing operations of {120, 130, & 210, esp. 121 & 122}, where it is noted that applicant did not claim that this pair is permanently closed during the charge mode] in similar configuration to applicant’s Fig. 2).
Dependent Claim 11, Yang discloses responsive to the charge mode, opening the pair of switches ([192 + switches which close and open when performing operations of {120, 130, & 210, esp. 121 & 122}, where it is noted that applicant did not claim that this pair is permanently closed during the charge mode] in similar configuration to applicant’s Fig. 2).
Dependent Claim 13, Yang discloses the controller is further programmed to, responsive to a drive mode, open the switch and close the pair of switches such that power from the traction battery flows through the inverter system controller and to the electric machine while bypassing the switch and the transformer (¶’s [67-69, 75, 76, esp. 68, 75, 76, particularly 68]).
Dependent Claim 14, Yang discloses one of the pair of switches shares a node with a positive terminal of the traction battery and a terminal of the switch (192).
Dependent Claim 15, Yang discloses a rectifier connected with the windings such that, during the charge mode, power from the charge source flows first through the rectifier then the windings (170, Figs. [3-8]).
Dependent Claim 16, Yang discloses the transfer circuitry includes a capacitor (180, 240) configured to be connected in parallel with the traction battery when the switch is closed (Figs. [4, 6] show 120 is in parallel when 192 is closed, while Figs. [5, 7] show 120 includes 180).
Dependent Claim 17, Yang discloses the transfer circuitry includes a plurality of field effect transistors and wherein some of the field effect transistors are connected on one side of the transformer and other of the field effect transistors are connected on another side of the transformer (see at least Figs. [5, 7]).
Conclusion
The following references are believed to have the closest structure to the structure claimed via the figures:
US-20230202320-A1 OR US-20240157823-A1 OR US-20240424928-A1 OR US-20230011289-A1 OR US-20240416768-A1 OR US-20140232301-A1 OR US-20190061553-A1 OR US-20190184833-A1 OR US-20190296568-A1 OR US-20190296665-A1 OR US-20190296676-A1 OR US-20190296663-A1 OR US-20190296664-A1 OR US-20150069936-A1 OR US-20180254732-A1 OR US-20190184837-A1 OR US-20210408889-A1 OR US-20230421042-A1
US-12083912-B2 OR US-10562404-B1 OR US-11724612-B2 OR US-9252625-B2 OR US-10744898-B2 OR US-10513185-B2 OR US-10951041-B2 OR US-11056987-B2 OR US-11211889-B2 OR US-11114959-B2 OR US-11239771-B2 OR US-9616760-B2 OR US-10771001-B2 OR US-11801763-B2 OR US-11817769-B2 OR US-12261516-B2
The next closest references include:
US-20090067205-A1 OR US-20090121659-A1 OR US-20210197680-A1 OR US-20220194239-A1 OR US-20250083544-A1 OR US-20240348081-A1
US-7891451-B2 OR US-7859201-B2 OR US-10230254-B1 OR US-11407321-B2 OR US-12214684-B2 OR US-12233729-B1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN T TRISCHLER whose telephone number is (571)270-0651. The examiner can normally be reached 9:30A-3:30P (often working later), M-F, ET, Flexible. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Drew Dunn can be reached at 5712722312. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN T TRISCHLER/ Primary Examiner, Art Unit 2859
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