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 action is in response to the amendment filed on 01/02/2026.
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, 2, 3, 4, and 7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 12,088,202. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the current application claim a method corresponding to the apparatus claimed in US 12,088,202.
Current Application
US 12,088,202
1. A method for operating a buck-boost converter, comprising: coupling a first switch between a voltage input terminal and a first inductor terminal of an inductor; coupling a second switch between a second inductor terminal of the inductor and a voltage output terminal; coupling a third switch between the second inductor terminal and an auxiliary capacitor; coupling a fourth switch between the first inductor terminal and a ground terminal; and coupling a fifth switch between the auxiliary capacitor and the first inductor terminal;coupling a first control input of a control circuit of the buck-boost converter to the auxiliary capacitor.
7. A buck-boost converter, comprising: …a first switch directly coupled between the voltage input terminal and the first inductor terminal…a second switch coupled between the second inductor terminal and the voltage output terminal…a third switch coupled between the second inductor terminal and the auxiliary capacitor terminal…a fourth switch coupled between the first inductor terminal and a ground terminal…a fifth switch coupled between the auxiliary capacitor terminal and the first inductor terminal….a control circuit having first, second and third control inputs…the first control input is directly coupled to the auxiliary capacitor terminal…
2. The method of claim 1, further comprising configuring the third switch to selectively provide current from the inductor to the auxiliary capacitor.
7. …a third switch … configured to selectively provide current from the inductor to the auxiliary capacitor;
3. The method of claim 2, further comprising configuring the fourth switch to discharge the inductor when it is closed.
7. …a fourth switch…, wherein the control circuit is configured to close the fourth switch to discharge the inductor;
4. The method of claim 3, further comprising configuring the fifth switch to close in response to an input current through the first switch being greater than an input current threshold, or a voltage at the output voltage output terminal being less than an output voltage threshold.
7. a fifth switch … configured to close responsive to an input current through the first switch being greater than an input current threshold, or an output voltage at the voltage output terminal being less than an output voltage threshold.
7. The method of claim 1, wherein the buck-boost converter includes a control circuit having first, second and third control inputs and first, second and third control outputs, wherein the second control input is coupled to the voltage output terminal, the first control input is directly coupled to the auxiliary capacitor, the third control input is coupled to the first inductor terminal, the first control output is coupled to the first control terminal, the second control output is coupled to the second control terminal, and the third control output is coupled to the third control terminal.
7. … a control circuit having first, second and third control inputs and first, second and third control outputs, wherein the second control input is coupled to the voltage output terminal, the first control input is directly coupled to the auxiliary capacitor terminal, the third control input is coupled to the first inductor terminal, the first control output is coupled to the first control terminal, the second control output is coupled to the second control terminal, and the third control output is coupled to the third control terminal;
Allowable Subject Matter
Claims 5, 6, 8-10 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:
Regarding Claim 5, none of the cited prior art alone or in combination disclose or teach the claimed inventions in which “further comprising: closing the first switch; opening the fifth switch; closing the third switch; comparing an input current through the first switch to a current threshold, and comparing an output voltage at the output voltage terminal to a voltage threshold; and opening the first switch in response to an input current through the first switch being greater than an input current threshold, or the output voltage being less than an output voltage threshold.”. Claims 6, 8-10 are objected due to their dependency on claim 5.
Response to Arguments
Applicant’s arguments, “neither Somani nor Ehrmann discloses an auxiliary capacitor that is coupled to a third switch, a fifth switch, AND a control circuit”, regarding the claim amendments filed on 01/02/2026, with respect to the 102 rejection of claim 1 have been fully considered and are persuasive. Therefore, the 102 rejection has been withdrawn. However, upon further consideration, the non-statutory double patenting rejection remains standing in view of claim 7 of US 12,088,202.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2022/0200437 A1 discloses an active inrush current limitation and hold-up time extension circuit for a buck-boost converter.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JYE-JUNE LEE whose telephone number is (571)270-7726. The examiner can normally be reached on M-F 9 AM - 5 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, Monica Lewis can be reached on 5712721838. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MONICA LEWIS/ Supervisory Patent Examiner, Art Unit 2838
/JYE-JUNE LEE/Examiner, Art Unit 2838
Prosecution Insights