DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Objections
Claim 28 is objected to because of the following informalities: the terms “the barrier fins” (line 16) and “the barrier cup” (line 19) each fails to have proper antecedent basis. 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.
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Claims 21-36 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 12,525,404. Although the claims at issue are not identical, they are not patentably distinct from each other as follows.
With respect to claim 21, claims 1-21 of the ‘404 patent recites an apparatus (see claim 9, col. 16, line 52) comprising: a plurality of capacitive devices, each of the plurality of capacitive devices providing at least one capacitance value, each of the plurality of capacitive devices having a capacitor terminal, wherein a first capacitance value provided by a first one of the plurality of capacitive devices is 5 microfarads, a second capacitance value provided by a second one of the plurality of capacitive devices is 5 microfarads, a third capacitance value provided by a third one of the plurality of capacitive devices is 10 microfarads, and a fourth capacitance value provided by a fourth one of the plurality of capacitive devices is 20 microfarads (see claim 9, col. 16, lines 53-67); a case configured to receive the plurality of capacitive devices, the case having an open end (see claim 9, col. 17, lines 1-2); a cover positioned at the open end of the case (see claim 9, col. 17, lines 3-4), the cover comprising a cover insulation barrier including a barrier cup and barrier fins extending radially outwards from the barrier cup (see claim 9, col.17, lines 5-6), the cover comprising: six capacitor cover terminals, each corresponding to one of the plurality of capacitive devices and each having at least one contact extending from the cover, wherein the barrier fins are deployed between adjacent capacitor cover terminals (see claim 9, col. 17, lines 7-11); six insulation structures, each configured to provide insulation for at least one of the six capacitor cover terminals (see claim 9, col. 17, lines 12-14); and a common cover terminal extending from the cover, wherein the barrier cup substantially surrounds the common cover terminals (see claim 9, col. 17, lines 15-17); and six conductors, each of the six conductors configured to electrically connect one of the six capacitor cover terminals to the corresponding capacitive device (see claim 9, col. 17, lines 18-20).
With respect to claim 22, claims 1-21 of the ‘404 patent recite that the plurality of capacitive devices correspond to a plurality of capacitor sections of a single wound capacitive element. See claim 12.
With respect to claim 23, claims 1-21 of the ‘404 patent recite that the insulation structures are colored. See claim 11.
With respect to claim 24, claims 1-21 of the ‘404 patent fail to recite that at least two of the insulation structures are differently colored. However, such a modification is considered to be merely an aesthetic design change. See MPEP 2144.04(I), citing In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947), noting that the court found that “matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art.” Id.
With respect to claim 25, claims 1-21 of the ‘404 patent recite that the plurality of capacitive devices are provided by a single winding. See claim 12.
With respect to claim 26, claims 1-21 of the ‘404 patent recite that the plurality of capacitive devices comprise a wound dielectric film. See claim 13.
With respect to claim 27, claims 1-21 of the ‘404 patent recite that at least one of the insulation structures is cup shaped. See claim 14.
With respect to claim 28, claims 1-21 of the ‘404 patent recites an apparatus (see claim 9, col. 16, line 52) comprising: a plurality of capacitive devices, each of the plurality of capacitive devices providing at least one capacitance value, each of the plurality of capacitive devices having a capacitor terminal, wherein a first capacitance value provided by a first one of the plurality of capacitive devices is 2.5 microfarads, a second capacitance value provided by a second one of the plurality of capacitive devices is 5 microfarads, a third capacitance value provided by a third one of the plurality of capacitive devices is 5 microfarads, and a fourth capacitance value provided by a fourth one of the plurality of capacitive devices is 10 microfarads, a fifth capacitance value provided by a fifth one of the plurality of capacitive devices is 20 microfarads, and a sixth capacitance value provided by a sixth one of the plurality of capacitive devices is 25 microfarads (see claim 9, col. 16, lines 53-67); a case configured to receive the plurality of capacitive devices, the case having an open end (see claim 9, col. 17, lines 1-2); a cover positioned at the open end of the case (see claim 9, col. 17, lines 3-4), the cover comprising: six capacitor cover terminals, each corresponding to one of the plurality of capacitive devices and each having at least one contact extending from the cover, wherein the barrier fins are deployed between adjacent capacitor cover terminals (see claim 9, col. 17, lines 7-11); six insulation structures, each configured to provide insulation for at least one of the six capacitor cover terminals (see claim 9, col. 17, lines 12-14); and a common cover terminal extending from the cover, wherein the barrier cup substantially surrounds the common cover terminals (see claim 9, col. 17, lines 15-17); and six conductors, each of the six conductors configured to electrically connect one of the six capacitor cover terminals to the corresponding capacitive device (see claim 9, col. 17, lines 18-20).
With respect to claim 29, claims 1-21 of the ‘404 patent recite that the plurality of capacitive devices correspond to a plurality of capacitor sections of a single wound capacitive element. See claim 12.
With respect to claim 30, claims 1-21 of the ‘404 patent recite that the insulation structures are colored. See claim 11.
With respect to claim 31, claims 1-21 of the ‘404 patent recite that the plurality of capacitive devices are provided by a single winding. See claim 12.
With respect to claim 32, claims 1-21 of the ‘404 patent recite that the plurality of capacitive devices comprise a wound dielectric film. See claim 13.
With respect to claim 33, claims 1-21 of the ‘404 patent recite that at least one of the insulation structures is cup shaped. See claim 14.
With respect to claim 34, claims 1-21 of the ‘404 patent recite an apparatus (see claim 16, col. 17, line 37) comprising: a plurality of capacitive devices, each of the plurality of capacitive devices providing at least one capacitance value, each of the plurality of capacitive devices having a capacitor terminal, wherein a first capacitance value provided by a first one of the plurality of capacitive devices is 2.5 microfarads and a second capacitance value provided by a second one of the plurality of capacitive devices is 5 microfarads (see claim 16, col. 17, lines 38-50); a case configured to receive the plurality of capacitive devices, the case having an open end (see claim 16, col. 17, lines 51-52); a cover positioned at the open end of the case, the cover comprising: a barrier cup and barrier fins extending radially outwards from the barrier cup (see claim 16, col. 17, lines 53-56); a plurality of capacitor cover terminals, each corresponding to one of the plurality of capacitive devices and each having at least one contact extending from the cover, wherein the barrier fins are deployed between adjacent capacitor cover terminals (see claim 16, col. 17, line 57-col. 18, line 2); a plurality of insulation structures, each configured to provide insulation for at least one of the plurality of capacitor cover terminals (see claim 16, col. 18, lines 3-5); and a common cover terminal having at least two contacts extending from the cover, wherein a first contact of the at least two contacts has a surface parallel to a surface of a second contact of the at least two contacts, wherein the barrier cup substantially surrounds the common cover terminal (see claim 16, col. 18, lines 6-9); and a plurality of conductors, each of the plurality of conductors configured to electrically connect one of the plurality of capacitor cover terminals to the corresponding capacitive device (see claim 16, col. 18, lines 10-13).
With respect to claim 35, claims 1-21 of the ‘404 patent recite that the plurality of capacitive devices correspond to a plurality of capacitor sections of a single wound capacitive element. See claim 17.
With respect to claim 36, claims 1-21 of the ‘404 patent recite that the insulation structures are colored. See claim 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Stockman (US 12,272,503) discloses a capacitor with multiple elements, but fails to teach the specific capacitive values recited in claim 21. Casanova et al. (US 9,466,429) discloses a multiple capacitor assembly, but fails to disclose the barrier fins and barrier cup recited in claim 21.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DION R FERGUSON whose telephone number is (571)270-7566. The examiner can normally be reached Monday-Friday, 5:30 a.m. - 4:00 p.m..
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/DION R. FERGUSON/Primary Examiner, Art Unit 2848