Prosecution Insights
Last updated: October 04, 2026
Application No. 18/937,015

SOFT START CONTROLLERS FOR MOTORS, AND COMPONENTS OF SOFT START CONTROLLERS

Non-Final OA §102§103
Filed
Nov 04, 2024
Priority
Nov 07, 2023 — provisional 63/596,816
Examiner
SINCLAIR, DAVID M
Art Unit
Tech Center
Assignee
International Controls And Measurements Corporation
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
867 granted / 1267 resolved
+8.4% vs TC avg
Strong +20% interview lift
Without
With
+19.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
50 currently pending
Career history
1305
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
52.4%
+12.4% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1267 resolved cases

Office Action

§102 §103
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 . 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 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. Email Communication Applicant is encouraged to authorize the Examiner to communicate with applicant via email by filing form PTO/SB/439 either via USPS, Central Fax, or EFS-Web. See MPEP 502.01, 502.03, 502.05. 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. Claim(s) 13-19 & 22-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JPH0576037U hereafter referred to as JP037. In regards to claim 13, JP037 discloses A soft start capacitor assembly, comprising: a soft start capacitor (A – fig. 1; [0015]); and an enclosure (8 – fig. 1; [0018]), the soft start capacitor comprising first and second conductive elements ([0015]), electrolytic fluid ([0015]), and a capacitor casing (3 and 3a – fig. 1; [0015] & [0018]), the first and second conductive elements and the electrolytic fluid are within the capacitor casing (fig. 1), the soft start capacitor is within the enclosure (fig. 1), and the enclosure prevents said electrolytic fluid from escaping from the enclosure upon any of said electrolytic fluid escaping from the capacitor casing (fig. 1; [0004], [0014], & [0019]). In regards to claim 14, JP037 discloses The soft start controller recited in claim 13, wherein: the soft start capacitor further comprises insulating material ([0015] – separator) between the first and second conductive elements, and the insulating material electrically insulates the first conductive element from the second conductive element ([0015]). In regards to claim 15, JP037 discloses The soft start controller recited in claim 14, wherein the first conductive element, the insulating material and the second conductive element are in the form of a rolled-up sandwich ([0015]). In regards to claim 16, JP037 discloses The soft start controller recited in claim 13, wherein the soft start capacitor further comprises at least first and second conductive terminals (5a & 5b – fig. 1; [0015]), the first conductive terminal is electrically connected to the first conductive element (fig. 1; [0016]), and the second conductive terminal is electrically connected to the second conductive element (fig. 1; [0016]). In regards to claim 17, JP037 discloses The soft start capacitor assembly recited in claim 16, wherein each of the first and second conductive terminals extends through the capacitor casing from inside the capacitor casing to outside the capacitor casing (fig. 1). In regards to claim 18, JP037 discloses The soft start capacitor assembly recited in claim 16, wherein: the first and second conductive terminals are completely within the enclosure (fig. 1), a first conductor (7a & 10a – fig. 1; [0016] & [0019]) extends from the first conductive terminal to outside the enclosure, and a second conductor (7b & 10b – fig. 1; [0016] & [0019]) extends from the second conductive terminal to outside the enclosure. In regards to claim 19, JP037 discloses The soft start capacitor assembly recited in claim 13, wherein each of the first and second conductive elements comprises aluminum ([0015]). In regards to claim 22, JP037 discloses The soft start capacitor assembly recited in claim 13, wherein the capacitor casing comprises plastic (3a – fig. 1; [0018]). In regards to claim 23, JP037 discloses The soft start capacitor assembly recited in claim 13, wherein: the enclosure defines an interior space, and an entirely of the interior space is devoid of any PCBA (fig. 1). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP037 in view of CN109065366A hereafter referred to as He. In regards to claim 20, JP037 discloses wherein the soft start capacitor further comprises a fixing member (4 – fig. 1; [0015]) that secures the capacitor to the capacitor casing. JP037 fails to disclose the fixing member is a plastic shield that electrically insulates the capacitor casing from the first and second conductive elements. He discloses a fixing member comprising a plastic shield that electrically insulates the capacitor casing from the first and second conductive elements ([0030]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use the material of He as the fixing material of JP037 to prevent short circuits. Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. In regards to claim 21, JP037 as modified by He further discloses wherein the capacitor casing comprises metal ([0015] of JP037). Claim(s) 1-9 & 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP037 in view of JP2005012991A hereafter referred to as Ueki. In regards to claim 1, JP037 discloses a soft start controller, comprising: a soft start capacitor (A – fig. 1; [0015]); and the soft start capacitor comprising at least first and second conductive elements ([0015]), electrolytic fluid ([0015]), and a capacitor casing (3 and 3a – fig. 1; [0015] & [0018]), the first and second conductive elements and the electrolytic fluid are within the capacitor casing (fig. 1), the soft start capacitor is inside a sub-housing (8 – fig. 1; [0018]), the sub-housing prevents said electrolytic fluid from escaping from the sub- housing upon any of said electrolytic fluid escaping from the capacitor casing (fig. 1; [0014] & [0019]). JP037 fails to disclose at least a first PCBA; and a soft start controller housing, the first PCBA and the soft start capacitor are within the soft start controller housing, the soft start controller housing comprising a sub-housing, the first PCBA is outside the sub-housing. Ueki discloses a soft start controller, comprising: at least a first PCBA (10 – fig. 24; [0091]); a soft start capacitor (14 – fig. 24; [0091]); and a soft start controller housing (20 – fig. 24; [0091]), the soft start capacitor comprising an aluminum electrolytic capacitor , the first PCBA and the soft start capacitor are within the soft start controller housing (fig. 24), the soft start controller housing comprising a sub-housing (portion formed by 21c & 21d – fig. 24; [0090]), the soft start capacitor is inside the sub-housing (fig. 24), the first PCBA is outside the sub-housing (fig. 24). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the capacitor of JP037 into the device of Ueki to obtain a circuit wherein individual components are protected from heat generated by other components and protected from shorting caused by electrolyte leakage. In regards to claim 2, JP037 as modified by Ueki further discloses wherein: the soft start capacitor further comprises insulating material ([0015] of JP037 – separator) between the first and second conductive elements, and the insulating material electrically insulates the first conductive element from the second conductive element ([0015] of JP037). In regards to claim 3, JP037 as modified by Ueki further discloses wherein the first conductive element, the insulating material and the second conductive element are in the form of a rolled-up sandwich ([0015] of JP037). In regards to claim 4, JP037 as modified by Ueki further discloses wherein the soft start capacitor further comprises at least first and second conductive terminals (5a & 5b – fig. 1; [0015] of JP037), the first conductive terminal is electrically connected to the first conductive element (fig. 1; [0016] of JP037), and the second conductive terminal is electrically connected to the second conductive element (fig. 1; [0016] of JP037). In regards to claim 5, JP037 as modified by Ueki further discloses wherein each of the first and second conductive terminals extends through the capacitor casing from inside the capacitor casing to outside the capacitor casing (fig. 1 of JP037). In regards to claim 6, JP037 as modified by Ueki further discloses wherein: the first and second conductive terminals are completely within the enclosure (fig. 1 of JP037), a first conductor (7a & 10a – fig. 1; [0016] & [0019] of JP037) extends from the first conductive terminal to outside the enclosure, and a second conductor (7b & 10b – fig. 1; [0016] & [0019] of JP037) extends from the second conductive terminal to outside the enclosure. In regards to claim 7, JP037 as modified by Ueki further discloses wherein: the soft start controller further comprises a first conductor (7a & 10a – fig. 1; [0016] & [0019] of JP037 & 14a – fig. 24; [0091] of Ueki) and a second conductor (7b & 10b – fig. 1; [0016] & [0019] of JP037& 14a – fig. 24; [0091] of Ueki), the first conductor extends from the first PCBA, through the sub-housing, and is electrically connected to the first conductive element (fig. 24; [0091] of Ueki), and the second conductor extends from the first PCBA, through the sub-housing, and is electrically connected to the second conductive element (fig. 24; [0091] of Ueki). In regards to claim 8, JP037 as modified by Ueki further discloses wherein the first PCBA comprises components of soft start circuitry ([0045] of Ueki). In regards to claim 9, JP037 as modified by Ueki further discloses wherein each of the first and second conductive elements comprises aluminum ([0015] of JP037). In regards to claim 12, JP037 as modified by Ueki further discloses wherein the capacitor casing comprises plastic (3a – fig. 1; [0018] of JP037). Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP037 as modified as applied to claim 1 above, and further in view of He. In regards to claim 10, JP037 discloses wherein the soft start capacitor further comprises a fixing member (4 – fig. 1; [0015]) that secures the capacitor to the capacitor casing. JP037 fails to disclose the fixing member is a plastic shield that electrically insulates the capacitor casing from the first and second conductive elements. He discloses a fixing member comprising a plastic shield that electrically insulates the capacitor casing from the first and second conductive elements ([0030]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use the material of He as the fixing material of JP037 to prevent short circuits. Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. In regards to claim 11, JP037 as modified by He further discloses wherein the capacitor casing comprises metal ([0015] of JP037). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2012/0082889 – fig. 1; [0019] US 2017/0221638 – fig. 4 JP2010109024A – fig. 1 JP04233714A – fig. 1 JP05072127U – fig. 1 JP05021433U – fig. 1 WO2019033463A1 – abstract JP2002345247A – fig. 1 JP2002358819A – fig. 8 US 3,293,507 – fig. 1 CN114038684A – fig. 1 DE1108810B – fig. 1 WO2014122805A1 – fig. 1 JP2003031447A – fig. 1 Communication Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID M SINCLAIR whose telephone number is (571)270-5068. The examiner can normally be reached M-TH from 8AM-4PM. 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, TIMOTHY J DOLE can be reached at (571)272-2229. 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. /David M Sinclair/Primary Examiner, Art Unit 2847
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Prosecution Timeline

Nov 04, 2024
Application Filed
Aug 18, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
88%
With Interview (+19.5%)
2y 6m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1267 resolved cases by this examiner. Grant probability derived from career allowance rate.

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