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 .
This is the first action on the merits for application 18/693,353. Responsive to the preliminary amendment filed 3/19/2024, Claims 6-13 are currently pending in this application.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. PCT/JP2022/036090, filed on 9/28/2022.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/19/2024, 5/31/2024 and 3/28/2025 have been considered by the examiner.
Claim Objections
Claim 7 is objected to because of the following informalities: line 3, “the flat-pate portion” should be changed to - -the flat-plate portion- - for claim consistency (see, for reference, Claim 7, line 2, “a flat-plate portion”). Appropriate correction is required.
Claim 12 is objected to because of the following informalities: line 6, “at least capacitor” should be changed to - -at least the capacitor- - for claim consistency (see, for reference, Claim 6, line 4, “a capacitor”). Appropriate correction is required.
Claim 13 is objected to because of the following informalities: line 6, “at least capacitor” should be changed to - -at least the capacitor- - for claim consistency (see, for reference, Claim 6, line 4, “a capacitor”). Appropriate correction is required.
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 6 and 7 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over Claim 6 of co-pending Application No. 18/693,390 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because each of the limitations of Claims 6 and 7 of the instant application are fully contained by Claim 6 of co-pending Application No. 18/693,390.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Should the double patenting rejection above be overcome, Claims 6 and 7 would be allowed.
Claims 8-13 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art does not disclose nor render obvious a vehicle drive device wherein the cover is integrated with a cooling unit through which a coolant for cooling the inverter flows, and the capacitor and the semiconductor module are attached to a lower surface of the cover, in combination with the other elements required by independent Claim 6.
One of ordinary skill in the art would have no rationale, absent hindsight, to modify the prior art to derive the claimed invention since the above-mentioned limitations, in combination with the other claim limitations, are considered new and nonobvious improvements over the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
HELWICH et al. (US 2023/0328911 A1) discloses an inverter system for a motor vehicle drive train (see ABSTRACT).
KOBAYASHI et al. (US 2023/0238911 A1) discloses a motor control system (see Fig. 3).
JP 2021029059 A discloses an inverter arrangement for supplying power to wheel drive motors (see Figs. 1-4).
MAEDA et al. (US 2015/0305188 A1) discloses an electric power converter (see Figs. 3-5).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN YOUNG whose telephone number is (571)272-4781. The examiner can normally be reached Monday - Friday 10:00 am - 6:00 pm (CST).
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EDWIN YOUNG
Primary Examiner
Art Unit 3655
/Edwin A Young/Primary Examiner, Art Unit 3655