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 .
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,689,096. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent would anticipate the claims of the present application in their current form.
Claim Objections
Claim 14 is objected to because of the following informalities:
In claim 14, line 2, “valuebeing” should read --value being--.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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, 7, 9-13, 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al (2018/0020507).
Regarding claim 1, Liu’s Fig. 2 shows an apparatus, comprising:
a switch circuit (Q) comprising a first terminal, a second terminal, and a control terminal (emitter, collector, and base);
at least one sensor (150) configured to measure a temperature of the switch circuit (see par. [0171], lines 1-4); and
a switch driver circuit (30) configured to:
receive a pulse width modulation (PWM) signal from a controller (10; see par. [0131], lines 2-3);
receive the at least one sensor value from the at least one sensor (via element 120); and
apply, according to the PWM signal, a driving pulse (output of drive module 30) to the control terminal (base terminal of transistor Q) based on the at least one sensor value.
As to claim 2, Liu’s Fig. 2 shows the apparatus of claim 1, wherein the at least one sensor (150) comprises a plurality of sensors (temperature sensor can be multi-dimensional), where each sensor is a temperature sensor.
As to claim 3, Liu’s Fig. 2 shows the apparatus of claim 1, wherein the switch driver circuit is further configured to:
determine at least one driving pulse parameter based on the at least one sensor value, wherein the at least one driving pulse parameter (the duty ratio; see par. [0172]) comprises a shaped waveform (the PWM signal), and wherein the driving pulse further comprises the at least one driving pulse parameter (the newly formed PWM signal).
As to claim 4, Liu’s Fig. 2 shows the apparatus of claim 1, wherein the driving pulse is further based on a mode of operation of the switch circuit (the mode being determined by the output of protection circuit 120).
As to claim 7, Liu’s Fig. 2 shows the apparatus of claim 1, wherein the switch driver circuit is configured to:
receive information indicating a mode of operation (the mode being determined by the output of protection circuit 120), wherein the mode of operation comprises a soft switching mode, or a hard switching mode (by reducing or improving power; see par. [0172], lines 7-9); and adjust, based on the indicated mode of operation, the driving pulse.
As to claim 9, Liu’s Fig.2 shows the apparatus of claim 1, wherein the switch driver circuit (30) comprises a digital control circuit (31; see Fig. 6).
As to claims 10-13, 15, and 16, these claims are rejected for the same reasons as claims 1, 3, 4, 2, 7, and 9, respectively.
As to claims 17 and 18, these claims are rejected for the same reasons as claim 1 (Liu’s Fig. 2 invention can be used in any application requiring driving such as photovoltaic panels).
As to claims 19 and 20, these claims are rejected for the same reasons as claims 4 and 3, respectively.
Allowable Subject Matter
The double patenting rejection notwithstanding, claims 5, 6, 8, and 14 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM HERNANDEZ whose telephone number is (571)272-8979. The examiner can normally be reached Mon to Fri; 10am to 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Menatoallah M Youssef can be reached at (571) 270-3684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM HERNANDEZ/Primary Examiner, Art Unit 2849