DETAILED ACTION
This office action is in response to claims filed on 11/18/2024. Claims 1-14 are pending.
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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-14 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-14 of prior U.S. Patent No. 12160146. This is a statutory double patenting rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rimmer et al. teaches US 20050200308 A1 the input fuse FS101 is the first main component of the filter and is in series with the line voltage connection. The fuse FS101 is followed by the first stage of the EMI filter. It consists of a surge arrester VDR101, a Class capacitor C128, and a bleeder resistor R108 in parallel from fused line to neutral. Both line and neutral are then series connected through a common-mode choke L101. The common- mode choke L101 is followed by two Class Y capacitors C108 and C129 from filtered line and neutral, respectively, through damping resistor R157 to the ground. The second stage of the EMI filter begins with a Class capacitor C135 from line to neutral. Class capacitor C135 is then followed with another common-mode choke L102. The second stage is completed with two Class Y filter capacitors C118 and C119 from the filtered line and neutral to ground.
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/CORTEZ M COOK/Primary Examiner, Art Unit 2837
