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 .
Response to Arguments
Applicants’ arguments filed 8/4/26 with respect to the rejection(s) of claims 1, 4, 12 and 15 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hsieh (US 2013/0328534 A1) reference.
Drawings
The drawings are objected to because Figures 2B-2D use reference numbers 13, 14 and 24, where according to the specification they should be 1+3, 1+4 and 2+4 as also shown in Figure 2A. 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.
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.
Claims 1, 4, 12 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hsieh (US 2013/0328534 A1).
Hsieh disclose a method of controlling a power converting device and related circuit in Figures 1-9.
Regarding claim 1. A control unit (Figures 2-9) for operating a power converter in a boost mode (see Figures 2-9, also paragraph 0034-0044 Implicit), wherein the control unit (200) is configured to: detect a peak current event within a switching cycle (see Figures 2 and 3B, see the peak current between T2 and T5 also see paragraph 011, paragraphs 0032-0044 and paragraph 0064. Implicit); and upon detecting the peak current event, start a ramp signal (see at least Figures 2 and 3B, see PWM and the peak current at T3 and T4, also see paragraph 011, paragraphs 0032-0044 and paragraph 0064. Implicit) for the detection of a peak current event in a subsequent switching cycle (see at least Figures 2 and 3B, see CLK, PWM and T1-T5, also see paragraphs 0032-0044, Implicit).
Regarding 4. The control unit of claim 1, wherein a slope of the ramp signal is dependent on a pre-determined peak current through an energy conversion element of the power converter (see at least Figures 2 and 3B, see CLK, PWM and T1-T5, also see paragraphs 0032-0044, Implicit).
Regarding claim 12. A method for operating a power converter in a boost mode (see Figures 2-9, see also paragraph 0034-0044 Implicit) the method comprising: detecting a peak current event within a switching cycle (see Figures 2 and 3B, see the peak current between T2 and T5 also see paragraph 011, paragraphs 0032-0044 and paragraph 0064. Implicit); and upon detecting the peak current event, starting a ramp signal (see at least Figures 2 and 3B, see PWM and the peak current at T3 and T4, also see paragraph 011, paragraphs 0032-0044 and paragraph 0064. Implicit) for the detection of a peak current event in a subsequent switching cycle (see at least Figures 2 and 3B, see CLK, PWM and T1-T5, also see paragraphs 0032-0044, Implicit).
Regarding claim 15. The method of claim 12, wherein a slope of the ramp signal is dependent on a pre-determined peak current through an energy conversion element of the power converter (see at least Figures 2 and 3B, see CLK, PWM and T1-T5, also see paragraphs 0032-0044, Implicit).
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 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 and 12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 12 of copending Application No. 18/746,205 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the variation of the same invention, also the limitation is claims of the instant application are disclosed in claims 1 of co-pending application No. 18/746,994.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 2-3, 5-11, 13-14 and 16-20 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:
Claim 2 is allowed because the prior art of record fails to disclose or suggest a control unit for operating a power converter including the limitation “wherein the control unit is configured to, upon detecting the peak current event within the switching cycle, transfer the power converter from an IN state to a THROUGH state; in the IN state an input node of the power converter is coupled with a reference node of the power converter via an energy conversion element; and in the THROUGH state the input node of the power converter is coupled with an output node of the power converter via the energy conversion element” in addition to other limitations recited therein.
Claim 3 is allowed because the prior art of record fails to disclose or suggest a control unit for operating a power converter including the limitation “wherein the control unit is further configured to: sense a current through an energy conversion element of the power converter, to provide a sensed current; overlay the sensed current with the ramp signal to provide a ramped current signal; determine an error signal based on an output voltage at an output node of the power converter and based on a reference voltage; and compare the ramped current signal with the error signal to detect a peak current event” in addition to other limitations recited therein.
Claim 5 is allowed because the prior art of record fails to disclose or suggest a control unit for operating a power converter including the limitation “wherein the control unit is further configured to, when operating the power converter in the boost mode, start a timer for generating a timer signal at the beginning of a given switching cycle; determine whether or not the timer signal occurs prior to a peak current event within the given switching cycle; in order to determine whether the power converter remains in the boost mode or transitions to a buck-boost mode within a subsequent switching cycle” in addition to other limitations recited therein.
Dependent claims 6-8 are allowable by virtue of their dependency.
Claim 9 is allowed because the prior art of record fails to disclose or suggest a control unit for operating a power converter including the limitation “wherein the control unit further is configured to, reset and restart the ramp signal at the beginning of the individual switching cycles of a sequence of switching cycles, when operating the power converter in a buck-boost mode; and reset and restart the ramp signal at the occurrence of a peak current event in the individual switching cycles of a sequence of switching cycles, when operating the power converter in the boost mode” in addition to other limitation recited therein.
Dependent claims 10 and 11 are allowable by virtue of their dependency.
Claim 13 is allowed because the prior art of record fails to disclose or suggest a control unit for operating a power converter including the limitation “further comprising: upon detecting the peak current event within the switching cycle, transfer the power converter from an IN state to a THROUGH state; coupling, in the IN state, an input node of the power converter with a reference node of the power converter via an energy conversion element; and coupling, in the THROUGH state, the input node of the power converter with an output node of the power converter via the energy conversion element” in addition to other limitation recited therein.
Claim 14 is allowed because the prior art of record fails to disclose or suggest a control unit for operating a power converter including the limitation “further comprising: sensing a current through an energy conversion element of the power converter, to provide a sensed current overlaying the sensed current with the ramp signal to provide a ramped current signal; determining an error signal based on an output voltage at an output node of the power converter and based on a reference voltage; and comparing the ramped current signal with the error signal to detect a peak current event” in addition to other limitations recited therein.
Claim 16 is allowed because the prior art of record fails to disclose or suggest a control unit for operating a power converter including the limitation “further comprising, when operating the power converter in the boost mode, starting a timer for generating a timer signal at the beginning of a given switching cycle; determining whether or not the timer signal occurs prior to a peak current event within the given switching cycle; in order to determine whether the power converter remains in the boost mode or transitions to a buck-boost mode within a subsequent switching cycle” in addition to other limitation recited therein.
Dependent claims 17-19 are allowable by virtue of their dependency.
Claim 20 is allowed because the prior art of record fails to disclose or suggest a control unit for operating a power converter including the limitation “further comprising: resetting and restarting the ramp signal at the beginning of the individual switching cycles of a sequence of switching cycles, when operating the power converter in a buck-boost mode; and resetting and restarting the ramp signal at the occurrence of a peak current event in the individual switching cycles of a sequence of switching cycles, when operating the power converter in the boost mode” in addition to other limitation recited therein.
Conclusion
Examiner has cited particular columns, line numbers and/or paragraphs 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(s), other passages and figures may apply
as well.
Additionally, in the event that other prior art is provided and made of record by the
Examiner, as being relevant or pertinent to applicant's disclosure but not relied upon.
The references are provided for the convenience of the applicant.
The Examiner request that the references be considered in any subsequent amendments, as they are also representative of the art and may apply to the specific limitations of any newly amended claim(s).
It is respectfully requested from the applicant in preparing amendments or 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 and/or
disclosed by the Examiner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADOLF D BERHANE whose telephone number is (571)272-2077. The examiner can normally be reached 7 AM - 10 PM.
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, Crystal Hammond can be reached at 571-270-1682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADOLF D BERHANE/Primary Examiner, Art Unit 2838
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