DETAILED ACTION
The instant action is in response to application 25 April 2024.
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 .
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on April 25 2023.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 3, 9, 10, 12, 13, 32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
As to claim 2, applicant claims “at least one of” and the has a list consisting of the input rectified voltage, a current obtained by rectifying an input current, and an inductor average current value. This is not clear because it is unclear if only one thing is required or if multiple elements are required. For the purposes of examination, it will be assumed the language reads “at least one of the input rectified voltage, a current obtained by rectifying an input current, or an inductor average current value” which appears to be suggested by Fig. 4.
As to claim 12 and 32, there is a similar issue to claim 2 above and is rejected for similar reasons.
Claims 3, 9, 10, 13 depend directly or indirectly from a rejected claim and are, therefore, also rejected under 35 USC 112(b) , or 35 U.S.C. 112 (pre-AIA ) second paragraph for the reasons set above.
Claim Rejections - 35 USC § 103
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.
For method claims, note that under MPEP 2112.02, the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). Therefore the previous rejections based on the apparatus will not be repeated. (The claims have been condensed.)
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.
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 of this title, 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.
Claims 1, 2, 3, 4, 6, 9, 10, 11, 12, 13, 14, 16, 19, 20-28, 32 are rejected under 35 U.S.C. 103 as being unpatentable over Halim (US 20160336870) in view of Li (US 20120014148 ).
As to claim Halim discloses A control circuit for controlling a PFC (Power Factor Correction) circuit, the control circuit comprising: a control reference circuit configured to receive
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Though he teaches much of the claimed invention he does not explicitly teach control reference circuit configured to receive a mode threshold and a half-sine wave signal, and to provide a parameter control data based on the mode threshold and the half-sine wave signal; or and wherein in a single cycle of an input rectified voltage.
Li teaches control reference circuit configured to receive a mode threshold and a half-sine wave signal, and to provide a parameter control data based on the mode threshold (1/2 ripple current) and the half-sine wave signal (¶60-62 showing how the value is calculated via multiplying the input voltage and error voltage); and wherein in a single cycle of an input rectified voltage (See Fig. 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device above to use DCM modes as disclosed in Li to increase operating range.
As to claim 2, Halim in view of Li teaches wherein the half-sine wave signal comprises at least one of the input rectified voltage, a current obtained by rectifying an input current, and an inductor average current value.
As to claim 3, Halim in view of Li teaches wherein: the parameter control data comprises a current peak value and a current valley value; and wherein the switching control circuit comprises: a peak value (130) comparing circuit configured to receive the current sense signal and the current peak value (Vp), and to provide a peak control signal to turn off the main power switch based on the current sense signal and the current peak value; and a valley value comparing circuit (132) configured to receive the current sense signal and the current valley value, and to provide a valley control signal to turn on the main power switch based on the current sense signal and the current valley value; and wherein in BCM, the main power switch is turned on when: (1) the current sense signal reaches the current valley value (132 would function like this); (2) a switching voltage of the PFC circuit decreases to a zero-crossing threshold (¶3 “CrCM provides variable switching frequency and a constant on-time for a gate signal, where the gate signal is switched every time the inductor current of an inductor goes to zero.”), wherein the switching voltage is a voltage of a switching terminal of the PFC circuit (by sensing the current, the drain voltage of 116 is detected).
As to claim 4, Halim in view of Li teaches wherein the control reference circuit is further configured to receive a peak threshold, and to provide the parameter control data and a mode control signal based on the mode threshold, the half-sine wave signal and the peak threshold, wherein when a peak value of the half-sine wave signal is smaller than the peak threshold, the control circuit operates in DCM (this would be taught by the combination, with the modes being decided the magnitude of the ripple current and the magnitude of the calculated reference current).
As to claim 6, Halim in view of Li teaches wherein: the parameter control data comprises a current peak value, a current valley value, and a valley number; and wherein the switching control circuit comprises: a peak value comparing circuit configured to receive the current sense signal and the current peak value, and to provide a peak control signal to turn off the main power switch based on the current sense signal and the current peak value; a valley value comparing circuit configured to receive the current sense signal and the current valley value, and to provide a valley control signal based on the current sense signal and the current valley value; and a turn-on control circuit configured to receive the valley control signal, the mode control signal, a switching voltage and the valley number, and to provide a turn-on control signal to turn on the main power switch based on the valley control signal, the mode control signal, the switching voltage and the valley number; and wherein the main power switch is turned on when: (1) the current sense signal reaches the current valley value; (2) a number of ringing valleys of the switching voltage reaches the valley number, wherein the number of ringing valleys is counted from the time when the current sense signal reaches the current valley value; and wherein the switching voltage is a voltage of a switching terminal of the PFC circuit (this is similar to claim 3 above, with the major difference being regarded the counted valleys. If one of ordinary skill sets the counted number of valleys equal to one though, it still reads on the claim).
As to claim 9, Halim in view of Li teaches further comprising: a feedback circuit configured to provide a feedback control signal based on a load of the PFC circuit; and an inductor current reference circuit configured to receive the feedback control signal and the input rectified voltage of the PFC circuit, and to provide the inductor average current value based on the feedback control signal and the input rectified voltage of the PFC circuit (see image above).
As to claim 10, Halim in view of Li teaches wherein: in CCM, a difference between the current peak value and the current valley value is constant (Fig. 3, 200); and in BCM, the current peak value is twice of the inductor average current value (Fig. 3, 410).
As to claim 11, Halim teaches A PFC circuit, comprising: a converting circuit; a rectifying circuit configured to rectify an AC voltage provided by an AC power supply to obtain an input rectified voltage, and provide the input rectified voltage to an input terminal of the converting circuit; and a control circuit configured to provide a switching control signal to control a main power switch of the converting circuit, the control circuit comprising: a control reference circuit configured to receive
He does not explicitly teach a mode threshold or in a single cycle
Li teaches control reference circuit configured to receive a mode threshold and a half-sine wave signal, and to provide a parameter control data based on the mode threshold (1/2 ripple current) and the half-sine wave signal (¶60-62); and wherein in a single cycle of an input rectified voltage (See Fig. 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device above to use DCM modes as disclosed in Li to increase operating range.
As to claim 12, Halim in view of Li teaches wherein the half-sine wave signal comprises at least one of the input rectified voltage, a current obtained by rectifying an input current and an inductor average current value (this is similar to claim 2 above).
As to claim 13, Halim in view of Li wherein: the parameter control data comprises a current peak value and a current valley value; and wherein the switching control circuit comprises: a peak value comparing circuit configured to receive the current sense signal and the current peak value, and to provide a peak control signal to turn off the main power switch based on the current sense signal and the current peak value; and a valley value comparing circuit configured to receive the current sense signal and the current valley value, and to provide a valley control signal to turn on the main power switch based on the current sense signal and the current valley value; and wherein in BCM, the main power switch is turned on when: (1) the current sense signal reaches the current valley value; (2) a switching voltage of the PFC circuit decreases to a zero-crossing threshold, wherein the switching voltage is a voltage of a switching terminal of the PFC circuit (this is similar ot claim 3 above).
As to claim 14, Halin in view of Li teaches herein the control reference circuit is further configured to receive a peak threshold, and to provide the parameter control data and a mode control signal based on the mode threshold, the half-sine wave signal and the peak threshold, wherein when a peak value of the half-sine wave signal is smaller than the peak threshold, the control circuit operates in DCM (this is similar to clam 4 above).
As to claim 16, Halim in view of Li teaches wherein: the parameter control data comprises a current peak value, a current valley value, and a valley number; and wherein the switching control circuit comprises: a peak value comparing circuit configured to receive the current sense signal and the current peak value, and to provide a peak control signal to turn off the main power switch based on the current sense signal and the current peak value; a valley value comparing circuit configured to receive the current sense signal and the current valley value, and to provide a valley control signal based on the current sense signal and the current valley value; and a turn-on control circuit configured to receive the valley control signal, the mode control signal, a switching voltage and the valley number, and to provide a turn-on control signal to turn on the main power switch based on the valley control signal, the mode control signal, the switching voltage and the valley number; and wherein the main power switch is turned on when: (1) the current sense signal reaches the current valley value; (2) a number of ringing valleys of the switching voltage reaches the valley number, wherein the number of ringing valleys is counted from the time when the current sense signal reaches the current valley value; and wherein the switching voltage is a voltage of a switching terminal of the PFC circuit (this is similar to cliam 6 above).
As to claim 19, Halim in view of LI teaches wherein the converting circuit comprises: the energy storage device coupled between the input terminal of the converting circuit and a switching terminal; the main power switch coupled between the switching terminal and a ground reference; and a slave power switch coupled between the switching terminal and an output terminal of the converting circuit; and wherein the input terminal of the converting circuit is configured to receive the input rectified voltage, the output terminal of the converting circuit is configured to provide an output voltage (see image above).
As to claims 20-28, 32 these are method claims corresponding to apparatus claims already made obvious and are obvious per similar reasons and MPEP 2112.02.
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 1-32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12476536. Although the claims at issue are not identical, they are not patentably distinct from each other because the patented document has more limitations.
Allowable Subject Matter
Claims 5, 7, 8, 15, 17, 18, 29-31 would be allowable if a disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) is placed in the file and they are to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 5, the prior art fails to disclose: “wherein: the parameter control data comprises a current peak value, a current valley value, and a delay data; and wherein the switching control circuit comprises: a peak value comparing circuit configured to receive the current sense signal and the current peak value, and to provide a peak control signal to turn off the main power switch based on the current sense signal and the current peak value; a valley value comparing circuit configured to receive the current sense signal and the current valley value, and to provide a valley control signal based on the current sense signal and the current valley value; and a turn-on control circuit configured to receive the valley control signal, the mode control signal and the delay data, and to provide a turn-on control signal to turn on the main power switch based on the valley control signal, the mode control signal and the delay data; and wherein the main power switch is turned on when: (1) the current sense signal reaches the current valley value; (2) a time period indicated by the delay data is reached from the time when the current sense signal reaches the current valley value; and wherein in BCM, the main power switch is turned on when: (1) the current sense signal reaches the current valley value; (2) a switching voltage of the PFC circuit decreases to a zero-crossing threshold, wherein the switching voltage is a voltage of a switching terminal of the PFC circuit.” in combination with the additionally claimed features, as are claimed by the Applicant.
As to claim 7, the prior art fails to disclose: “wherein: the parameter control data comprises a current peak value; and wherein the switching control circuit comprises: a peak value comparing circuit configured to receive the current sense signal and the current peak value, and to provide a peak control signal to turn off the main power switch based on the current sense signal and the current peak value; an average current comparing circuit configured to receive the current sense signal and an inductor average current value, and to provide an intermediate value control signal based on the current sense signal and the inductor average current value; a time period control circuit configured to receive the intermediate value control signal and an on-time period data, and to provide a valley value control signal based on the intermediate value control signal and the on-time period data; a zero-crossing detecting signal configured to receive a switching voltage of the PFC circuit and a zero-crossing threshold, and to provide a zero-crossing control signal based on the switching voltage and the zero-crossing threshold; a turn-off control circuit configured to receive the peak value control signal, the on-time period data and a mode control signal, and to provide a turn-off control signal based on the peak value control signal, the on-time period data and the mode control signal; and a turn-on control circuit configured to receive the zero-crossing control signal, the valley control signal and the mode control signal, and to provide a turn-on control signal based on the zero-crossing control signal, the valley control signal and the mode control signal; and wherein in CCM, the main power switch is turned on when the valley control signal indicates that an off-time period of the main power switch ends, and the main power switch is turned off by the turn-off control signal when an on-time period of the main power switch reaches a time period indicated by the on-time period data; and wherein in BCM, the main power switch is turned on by the turn-on control signal when the switching voltage decreases to the zero-crossing threshold, and the main power switch is turned off by the turn-off control signal when the peak control signal indicates that the current sense signal reaches the current peak value.” in combination with the additionally claimed features, as are claimed by the Applicant.
As to claim 15, the prior art fails to disclose " wherein: the parameter control data comprises a current peak value, a current valley value, and a delay data; and wherein the switching control circuit comprises: a peak value comparing circuit configured to receive the current sense signal and the current peak value, and to provide a peak control signal to turn off the main power switch based on the current sense signal and the current peak value; a valley value comparing circuit configured to receive the current sense signal and the current valley value, and to provide a valley control signal based on the current sense signal and the current valley value; and a turn-on control circuit configured to receive the valley control signal, the mode control signal and the delay data, and to provide a turn-on control signal to turn on the main power switch based on the valley control signal, the mode control signal and the delay data; and wherein the main power switch is turned on when: (1) the current sense signal reaches the current valley value; (2) a time period indicated by the delay data is reached from the time when the current sense signal reaches the current valley value; and wherein in BCM, the main power switch is turned on when: (1) the current sense signal reaches the current valley value; (2) a switching voltage of the PFC circuit decreases to a zero-crossing threshold, wherein the switching voltage is a voltage of a switching terminal of the PFC circuit.” in combination with the additionally claimed features, as are claimed by the Applicant.
As to claim 17, the prior art fails to disclose "wherein: the parameter control data comprises a current peak value; and wherein the switching control circuit comprises: a peak value comparing circuit configured to receive the current sense signal and the current peak value, and to provide a peak control signal to turn off the main power switch based on the current sense signal and the current peak value; an average current comparing circuit configured to receive the current sense signal and an inductor average current value, and to provide an intermediate value control signal based on the current sense signal and the inductor average current value; a time period control circuit configured to receive the intermediate value control signal and an on-time period data, and to provide a valley value control signal based on the intermediate value control signal and the on-time period data; a zero-crossing detecting signal configured to receive a switching voltage of the PFC circuit and a zero-crossing threshold, and to provide a zero-crossing control signal based on the switching voltage and the zero-crossing threshold; a turn-off control circuit configured to receive the peak value control signal, the on-time period data, and a mode control signal, and to provide a turn-off control signal based on the peak value control signal, the on-time period data, and the mode control signal; and a turn-on control circuit configured to receive the zero-crossing control signal, the valley control signal, and the mode control signal, and to provide a turn-on control signal based on the zero-crossing control signal, the valley control signal, and the mode control signal; and wherein in CCM, the main power switch is turned on when the valley control signal indicates that an off-time period of the main power switch ends, and the main power switch is turned off by the turn-off control signal when an on-time period of the main power switch reaches a time period indicated by the on-time period data; and wherein in BCM, the main power switch is turned on by the turn-on control signal when the switching voltage decreases to the zero-crossing threshold, and the main power switch is turned off by the turn-off control signal when the peak control signal indicates that the current sense signal reaches the current peak value.” in combination with the additionally claimed features, as are claimed by the Applicant.
As to claim 29, the prior art fails to disclose: “wherein in DCM: turning off a main power switch of the PFC circuit when an inductor current of the PFC circuit increases to a current peak value; and turning on the main power switch when a time period indicated by a delay data is reached from a time when the inductor current of the PFC circuit decreases to zero.” in combination with the additionally claimed features, as are claimed by the Applicant.
As to claim 31, the prior art fails to disclose: “wherein in DCM: turning off a main power switch of the PFC circuit when an inductor current of the PFC circuit increases to a current peak value; and turning on the main power switch of the PFC circuit when a time period indicated by a delay data is reached from a time when a switching voltage of the PFC circuit decreases to zero; and wherein the switching voltage is a voltage of a switching terminal of the PFC circuit.” in combination with the additionally claimed features, as are claimed by the Applicant.
Please note: while objected or allowed claims have been indicated, only the presented claims have been examined for compliance with form and 35 USC 112 consideration. As a reminder, claims that are dependent upon objected claims still require examination for form and 35 USC 112 issues even if they overcome 35 USC 102 and 103 rejections. Similarly, amendments incorporating allowable subject matter into independent claims requires reconsideration for dependent claim form and any possible 35 USC 112 issues that arise through amendments even if the 35 USC 102 and 103 rejections are overcome. As such, applicant is advised that while examiner can enter previously allowed claims or previously objected claims rewritten into independent form after final rejection, any other claims may not be entered.
Conclusion
Examiner has cited particular column, paragraph, and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER M NOVAK whose telephone number is (571)270-1375. The examiner can normally be reached on 9AM-5PM,Monday through Thursday, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thienvu Tran can be reached on 571-270-1276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER M NOVAK/ Primary Examiner, Art Unit 2839