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 .
This action is in response to an application filed on 10/24/2024.
Claims 1-10 are pending for examination.
Claim Objections
The claims 2-6 are objected to because they include reference characters PFC which are not enclosed within parentheses.
Reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. See MPEP § 608.01(m).
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.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of US Patent No. 12,494,658 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because these are merely an obvious variation of a power system that can simultaneously perform charging to an electrical storage device with an external power supply connected to an inlet and power feeding to an external load connected to an outlet. Since it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art. In re Karison,136 USPQ 184, Application 18/925,058 is an obvious variant of Patent No. US 12,494,658 B2. The dependent claims 2-10 are rejected because of their dependency on independent claim 1.
This is a non-provisional non-statutory obviousness type double patenting rejection because the conflicting claims have been patented.
Conclusion
In view of the limitations the closest prior art as shown in the pto1449/Pto 896 including the prior works of the assignee/inventor (US 12/494,658 B2 or US 2023/0253818 A1 or US 2021/0249890 A1 or US 2016/0347302 A1 OR 2014/0354240 A1) does not explicitly describe or reasonably suggest or render obvious in combination with all the given limitations a power system comprising: a control device configured to operate the voltage converter and the power converter under any one control mode among a charging mode for charging the electrical storage device with the external power supply, a power feeding mode for feeding power to the external load, and a power feeding during charging mode for feeding power to the external load while charging the electrical storage device, wherein the control device includes: a charging and power feeding request acquirer configured to acquire a charging and power feeding request for charging to the electrical storage device or power feeding to the external load; and a charging and power feeding controller configured to operate the voltage converter to thereby perform voltage control for a bulk voltage, which is a voltage of the bulk capacitor, under the power feeding mode and operate the power converter to thereby perform the voltage control under the charging mode and the power feeding during charging mode, and when the control mode is switched between the power feeding mode and the power feeding during charging mode according to the charging and power feeding request being acquired, from when the charging and power feeding request is acquired until an operation target of the voltage control is switched between the voltage converter and the power converter, the charging and power feeding controller boosts or steps down the bulk voltage by a predetermined amount from a point in time when the charging and power feeding request is acquired as claimed and the subject matter of the claims appears to be allowable if the double patent rejections and the claim objections can be overcome.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL T AGARED whose telephone number is (571)270-1981. The examiner can normally be reached 8-5 (Mon- Thur).
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/GABRIEL AGARED/Primary Examiner, Art Unit 2837
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