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 .
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.
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Claims 1-3, 7, 9, 12, 15, 17, 18, 21, 24, 25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 16, 16, 16, 16, 16, 16, 10, 10, 10, 16, 16, 16, respectively, of copending Application No. 18/782,069 (US 2024/0380624) (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because despite difference in wordings, a person of ordinary skill in the art at the time of the filing would have understood that claim 1 of the reference application essentially recite all claimed subject matter of that in claim 1, respectively, in the present application, as follows.
Present application
Reference application
Claim 1:
A multi-node power system comprising:
a power source equipment node configured to generate pulse power;
a cable coupled to receive the pulse power generated by the power source equipment node; and
a plurality of power tap/receivers, each power tap/receiver including an input cable interface configured to tap and receive the pulse power from the cable, and one or more of the plurality of power tap/receivers comprising an output cable interface configured to transmit the pulse power to a downstream power tap/receiver.
Claim 16:
A system comprising: power sourcing equipment that provides multiple phase DC (Direct Current) pulse power over a combined power and data cable, wherein each phase of the multiple phase DC pulse power comprises voltage pulses with high voltage power delivered during a pulse on-time and the voltage pulses are shifted in phase among multiple phases to provide continuous power; a power receiver device comprising: an input cable interface that receives the multiple phase DC pulse power over the combined power and data cable; an isolation switch to provide fault isolation for the power receiver device and to synchronize with the power sourcing equipment prior to receiving the multiple phase DC pulse power; and an interface configured to transmit power to an endpoint node, wherein the multiple phase DC pulse power comprises at least two phases to provide continuous DC voltage to the endpoint node and wherein off-time of pulses of the multiple phase DC pulse power is used to verify operation of the combined power and data cable…
wherein the power receiver device further comprises an output cable interface that transmits the multiple phase DC pulse power and data to a downstream tap node (the “receiver” and the downstream tap node, in combination, is equivalent to the claimed “plurality of tap/receiver”; and the “receiver” receives the pulse power from the sourcing equipment and transmits the pulse power to the downstream tap node).
Claim 21:
See claim 1 above for similar claimed subject matter.
Claim 16.
Claim 2:
The multi-node power system of claim 1, wherein the power source equipment node is configured to generate the pulse power as direct current (DC) pulse power including pulse on-times and pulse-off times.
Claim 16:
…wherein each phase of the multiple phase DC pulse power comprises voltage pulses with high voltage power delivered during a pulse on-time … and wherein off-time of pulses of the multiple phase DC pulse power…
Claim 3:
The multi-node power system of claim 1, wherein the power source equipment node comprises a controller configured to verify cable operation of the cable within pulse-off times of the pulse power.
Claim 16:
…wherein off-time of pulses of the multiple phase DC pulse power is used to verify operation of the combined power and data cable…
Claim 7:
The multi-node power system of claim 1, wherein each of the plurality of power tap/receivers includes an integrated endpoint node or an interface to an associated endpoint node to which power is supplied.
Claim 16:
… and an interface configured to transmit power to an endpoint node, wherein the multiple phase DC pulse power comprises at least two phases to provide continuous DC voltage to the endpoint node…
Claim 24:
See claim 7 above for similar claimed subject matter.
Claim 16.
Claim 9:
The multi-node power system of claim 1, wherein the pulse power is multi-phase pulse power comprising multiple phases.
Claim 16:
…wherein each phase of the multiple phase DC pulse power comprises voltage pulses with high voltage power delivered during a pulse on-time and the voltage pulses are shifted in phase among multiple phases…
Claim 25:
See claim 9 above for similar claimed subject matter.
Claim 16.
Claim 12:
The multi-node power system of claim 9, wherein the multi-phase pulse power comprises at least two phases.
Claim 16:
… wherein the multiple phase DC pulse power comprises at least two phases…
Claim 15:
A method comprising: providing, by a power source equipment node, pulse power to a cable; coupling the cable to a plurality of power tap/receivers; at each power tap/receiver, tapping and receiving the pulse power from the cable; and at one or more of the plurality of power tap/receivers, transmitting the pulse power to a downstream power tap/receiver.
Claim 10:
A method comprising: receiving at a power receiver device multiple phase DC (Direct Current) pulse power and data from power sourcing equipment over a combined power and data cable, (this implies the power sourcing equipment “providing” the pulse power; and the power receiver “tapping and receiving the pulse power” from power sourcing equipment via the cable) wherein each phase of the multiple phase DC pulse power comprises voltage pulses with high voltage power delivered during a pulse on-time and the voltage pulses are shifted in phase among multiple phases to provide continuous power; synchronizing with the power sourcing equipment prior to the power receiver device receiving the multiple phase DC pulse power; performing, at the power receiver device, fault isolation with an isolation switch; and transmitting from an interface at the power receiving device power to an endpoint node, wherein the multiple phase DC pulse power comprises at least two phases to provide continuous DC voltage to the endpoint node and wherein off-time of pulses of the multiple phase DC pulse power is used to verify cable operation…
further comprising transmitting the multiple phase DC pulse power and data to a downstream tap node (the “power receiver device” and the downstream tap node, in combination, is equivalent to the claimed “plurality of tap/receiver”; and the “power receiver device” receives the pulse power from the sourcing equipment and transmits the pulse power to the downstream tap node).
Claim 17:
The method of claim 15, further comprising: one or more of the plurality of power tap/receivers, supplying power to an integrated endpoint node or to an associated endpoint node via an interface.
Claim 10:
…performing, at the power receiver device, fault isolation with an isolation switch; and transmitting from an interface at the power receiving device power to an endpoint node (Note: as indicated above, the power receiver device is the claimed “one of the plurality of power tap/receiver”)
Claim 18:
The method of claim 15, wherein the pulse power is multi-phase pulse power comprising multiple phases.
Claim 10:
…receiving at a power receiver device multiple phase DC (Direct Current) pulse power…
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 4-6, 8, 10, 11, 13, 14, 16, 19-20, 22, 23, 26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jones et al. – US 12,218,770
Barzegar et al. – US 11,201,753
Matan et al. – US 2019/0267804
Sipes, Jr. – US 10,277,330
Hunter, JR. et al. – US 2017/0180142
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/DAC V HA/ Primary Examiner, Art Unit 2633
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