CTNF 18/844,232 CTNF 89840 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. PNG media_image1.png 200 400 media_image1.png Greyscale 08-29 Claim 1 of this application is patentably indistinct from claim 1 of US Patent 12,456,925 B2 (Kurokawa et al.). Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822. 08-33 AIA 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 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of US patent 12,456,925 B2 (Kurokawa et al.) . Although the claims are not identical, they are not patentably distinct from each other because the instant claim 1 and claim 1 of US Patent No. 12,456,925 B2 application are basically the same besides few wording changes. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-7 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Ge et al. US 11,040,632 B2 . Regarding claim 1 , Ge et al. disclose A transformation control device that controls a magnetic coupling interleave type chopper circuit (figs. 2, 3 and 5) (column 6, lines 1-42, column 8, lines 42-67, column 9, lines 1-12, column 10, lines 17-39), the transformation control device comprising: a switching frequency setting unit (VVC Controller) configured to change a switching frequency of the magnetic coupling interleave type chopper circuit in a time series manner (via a duty cycle control) within a predetermined frequency range, wherein the transformation control device generates a transformation gate signal (control signals) having the switching frequency and outputs the transformation gate signal to the magnetic coupling interleave type chopper circuit (column 7, lines 1-44, column 8, lines 1-34). Regarding claim 2 , Ge et al. disclose wherein the switching frequency setting unit is configured to randomly change (vary) the switching frequency (column 8, lines 29-41). Regarding claim 3 , Ge et al. disclose wherein the switching frequency setting unit is configured to set the switching frequency based on a state quantity (Vbat, Vdc and I L ) of the magnetic coupling interleave type chopper circuit (column 7, lines 10-20). Regarding claim 4 , Ge et al. disclose ,wherein a single current sensor (item 216) acquires a reactor current of each phase and the switching frequency is set based on the reactor current (column 7, lines 1-31). Regarding claim 5 , Ge et al. disclose wherein the current sensor detects the reactor current such that current-conduction directions are the same direction (column 7, lines 1-31. I L conducts in the same direction because of interleave). Regarding claim 6 , Ge et al. disclose ,wherein the switching frequency setting unit is configured to set the switching frequency such that each phase of the magnetic coupling interleave type chopper circuit has the same frequency (column 7, lines 21-31, column 10, lines 17-39). Regarding claim 7 , Ge et al. disclose A power conversion device (fig 3) comprising: the transformation control device according to claim 1 (see claim 1 rejection for detail) ; the magnetic coupling interleave type chopper circuit configured to be controlled by the transformation control device; a drive inverter (item 304) that is provided between the magnetic coupling interleave type chopper circuit and a motor (at least one machine), that converts direct current power which is input from the magnetic coupling interleave type chopper circuit into alternating current power, and that outputs the alternating current power to the motor; and a power generation inverter (separate generator needs a generation inverter in some implementations) that is provided between the magnetic coupling interleave type chopper circuit and a power generator, that converts alternating current power which is input from the power generator into direct current power, and that outputs the direct current power to the magnetic coupling interleave type chopper circuit (column 8, lines 42-67, column 9, lines 1-12) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. SAITO (JP 2009171776A) discloses a power conversion apparatus. Ishii et al. (US 5,905,369) disclose a variable frequency switching of synchronized interleaved switching converters. KAKUTO (WO 2018203469 A1) discloses a converter control method. KUROKAWA et al. (US 2024/0162819 A1) discloses a voltage transformer. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BICKEY DHAKAL whose telephone number is (571)272-3577. The examiner can normally be reached 8:30-4:30 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, Eduardo Colon-Santana can be reached on 571-272-2060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BICKEY DHAKAL/Primary Examiner, Art Unit 2837 Application/Control Number: 18/844,232 Page 2 Art Unit: 2837 Application/Control Number: 18/844,232 Page 3 Art Unit: 2837 Application/Control Number: 18/844,232 Page 4 Art Unit: 2837 Application/Control Number: 18/844,232 Page 5 Art Unit: 2837 Application/Control Number: 18/844,232 Page 6 Art Unit: 2837 Application/Control Number: 18/844,232 Page 7 Art Unit: 2837
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