Prosecution Insights
Last updated: October 27, 2026
Application No. 18/955,338

SYSTEMS FOR CAPACITOR ASSEMBLY FOR MULTI-LEVEL INVERTER FOR ELECTRIC VEHICLE

Final Rejection §102§103§112
Filed
Nov 21, 2024
Examiner
DUDA, RINA I
Art Unit
2837
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
BorgWarner Inc.
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
6m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
819 granted / 1021 resolved
+12.2% vs TC avg
Moderate +10% lift
Without
With
+10.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
29 currently pending
Career history
1060
Total Applications
across all art units

Statute-Specific Performance

§101
3.9%
-36.1% vs TC avg
§103
37.6%
-2.4% vs TC avg
§102
33.5%
-6.5% vs TC avg
§112
18.6%
-21.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1021 resolved cases

Office Action

§102 §103 §112
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 . Response to Amendment The response filed 8/4/26 amends the pending claims to overcome the 35 USC 112(b) rejection presented in the Non-Final Office Action dated 7/28/26. Claim 1 is now directed to an inverter for converting DC power to AC power to drive a motor, wherein the inverter comprises a capacitor assembly. Claim 1 only defines the invention using schematic connections between commonly used busbars and a plurality of capacitors. A new prior art document will be applied to the newly amended claims. A complete search on the merits was conducted for “the system” claims. Because claims 11 and 17 have been amended to focus exclusively on their standalone components, and because these sub-components have separate, independent utility outside of an inverter environment (they could be used in alternative power networks or distinct electrical assemblies), they represent a distinct shift in scope of examination. Applicant explicitly defined the invention’s core utility as solving an inverter switching frequency problem. The Office’s initial search on the merits was properly calibrated to inverter/conversion “systems”. Applicant needs to find a way to tie the individual standalone components to a single invention (system or apparatus). Additional changes to the pending claims or additional claims reciting more structural limitations of the “capacitor assembly” or “busbar assembly” will result in a restriction. This filed amendment have created other issues under 35 USC 112(b) and new problems under 35 USC 112 (d). In reference to claim 11, busbars are separate components that can be connected to capacitor terminals of a capacitor assembly, they are not integral to the capacitor assembly itself (see applicant’s own fig. 4C, where the busbars are coupled to the plurality of capacitors). In reference to claim 12, claim 12 does not further limit the assembly recited in claim 11. It defines a separate device, a power module, that uses the capacitor assembly from claim 11. In reference to claim 13, it is directed to the new component, power module, instead of the capacitor assembly from parent claim 11. In reference to claim 15, as pointed out above (claim 11), a capacitor assembly does not include busbars, so components related to said busbars are not integral to the capacitor assembly. In reference to claim 16, it is directed to a “connection” of the capacitor assembly of parent claim 11 to an element considered a separate component from the recited capacitor assembly. 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) 1-3, 7, and 10 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Miyazaki et al (US Patent 5790396). Claim 1, Miyazaki teaches an inverter for converting DC power to AC power to drive a motor 25, the inverter comprises: a capacitor assembly including capacitor 21, capacitor 22, a first busbar P, a second busbar N, and a third busbar C between the first busbar and the second busbar, wherein the first capacitor 21 is connected between the first busbar P and the third busbar C, and the second capacitor 22 connected to the second busbar N and the third busbar C (see Fig. 4). Claim 2, Miyazaki describes in fig. 4 and corresponding description a positive busbar P connected to the positive terminal of the DC power 20, the second busbar N is connected to the negative terminal of the DC power, and the third busbar C is a neutral power busbar (see description of busbar C as a neutral busbar in col. 9 lines 49-55). Claim 3, Miyazaki describes his inverter as a neutral point clamped inverter (NPC) system, wherein NPC inverters output three distinct voltage levels (see for example the description in col. 7 lines 28-30 and also col. 4 lines 56-67). Claim 7, Miyazaki teaches a power module including a plurality of switching elements are described in fig. 9, item 46, wherein the power module is connected to a plurality of capacitors 42/43 which are connected to busbars P/N/C. Claim 10, Miyazaki teaches a system comprising the inverter of claim 1, the DC power source 20, and the motor. The intended use of the system is not given any patentable weight. Claim(s) 11-13, 15-17, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al (U Patent . Claim 11, Li et al a capacitor assembly comprising: a first busbar P, a second busbar N, a third busbar NP between the first and the second busbars, one or more capacitors C210/C220 connected to the plurality of busbars as shown in fig. 8A, wherein the first capacitor C210 is connected between the first busbar P and the third busbar NP and the second capacitor C220 is connected between the second busbar N and the third busbar NP. Li et al further describes in Fig. 11B, capacitors C210 and C220 including a plurality of capacitors. Claim 12, Li et al describes in Fig. 8A a power module comprising, for example semiconductor modules 21-23 to the capacitor assembly. Claim 13, Li et al clearly describes in Fig. 8A the power module including semiconductor modules 21-23 connected to the first busbar, the second busbar, and the third busbar. Claims 15-16, Li et al teaches in Figures 11A and 11B (and corresponding descriptions), busbars including a plurality of openings and a plurality of capacitors including bobbins that extend through the openings of the busbars, wherein the plurality of capacitors are connected to a plurality of busbars that includes the second busbar. Claim 17, Li et al teaches a busbar assembly as shown in figures 9A-9C and 11A-11B including several openings, wherein a plurality of capacitors C210/C220 extend through said openings. Claim 20, Li et al teaches in fig. 8A (a first busbar P as a positive busbar, a second busbar N as a negative busbar, and a third busbar NP providing neutral power) and also in fig. 7B and corresponding description a positive busbar A7, a negative busbar A8, and a neutral busbar A9. 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. Claim(s) 5-6 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyazaki et al (US Patent 5790396) and Li et al (US Patent 9538680). Claim 5, Miyazaki teaches a power inverter for converting DC power to AC power to drive a motor, the inverter includes a capacitor assembly and a plurality of busbars. Miyazaki et al does explicitly disclose that the capacitor assembly further includes a case, wherein the first capacitor and the second capacitor are provided in the case. However, Li explicitly teaches standard mechanical housing compartment for power inverter capacitor assemblies, (see for example figures 7A and 7B and corresponding descriptions), especially disclosing a structural capacitor module where individual capacitors are housed inside a structural case or housing to shield elements from debris and provide structural stability. Therefore, it would have been obvious to one person of ordinary skill in the art at the time the invention was filed to modify the capacitor structure of Miyazaki by enclosing the plurality of capacitors within a protective case as taught by Li, since said case would ensure environmental isolation and simple modular installation within a desired system. Claim 6, Li describes for example in figures 7A and 7B capacitor modules arranged in parallel rows to align with layered planar busbars. This configuration would optimize space inside compact housing. Claim 8, as described in the rejection of claim 6, figures 7A and 7B show aligning the rows of capacitors with layered planar busbars, wherein the capacitors are adjacent to the busbars. Claim 9, figures 11A and 11B (capacitors 250 or C210/C220) describe the capacitors including bobbins with a longitudinal axis, these capacitors are connected in parallel to the plurality of busbars. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claims 11-13 and 15-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. In reference to claim 11, a capacitor assembly does not include busbars; they are separate components that can be connected to a capacitor assembly. See applicant’s own description of fig. 4C, where the busbars are coupled to the plurality of capacitors and not part of the assembly. In reference to claim 12, the preamble of claim 11 clearly states it is directed to an assembly of capacitors, how is a power module part of that. In reference to claim 13, it is directed to specific details of the power module, instead of the capacitor assembly. How are “tabs” of a power module part of a capacitor assembly? In reference to claim 15, as pointed out above (claim 11), a capacitor assembly does not include busbars, so it is not clear what these components are integral part of the capacitor assembly. In reference to claim 16, how can a “connection” of a plurality of capacitors be part of a capacitor assembly? Claims 12, 13, and 15 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 11 which claims 12, 13, and 15 depend from is directed to a capacitor assembly; however, claims 12, 13, and 15 do not add any additional limitations directed to said capacitor assembly instead they recite other sub-components such as power modules and busbars. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Conclusion 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 Rina I Duda whose telephone number is (571)272-2062. The examiner can normally be reached M-F 8-4 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 at (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. /RINA I DUDA/ Primary Examiner, Art Unit 2837
Read full office action

Prosecution Timeline

Nov 21, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §102, §103, §112
Aug 04, 2026
Response Filed
Oct 05, 2026
Final Rejection mailed — §102, §103, §112 (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

3-4
Expected OA Rounds
80%
Grant Probability
90%
With Interview (+10.2%)
2y 5m (~6m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1021 resolved cases by this examiner. Grant probability derived from career allowance rate.

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