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 1-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 12,244,313. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent teaches all the claimed limitations of the current application if the claimed Xenon pulse lamp is considered to be the claimed load of the present application. Although reference is made only to claim 1 below, similar reasons apply for the remainder of the claims.
19/024,832
12,244,313
1. A pulse forming network (PFN), comprising:
a single common passive output circuit comprising an inductor connected in series to a load and a diode connected in parallel to the load;
a plurality of capacitor units set to store a plurality of electrical charges in a plurality of working output voltages;
a plurality of switches, each adapted to electrically couple a respective one of the plurality of capacitor units to the common passive output circuit electrically connecting all the switches to the load
wherein each of the plurality of switches is configured to form, when electrically connecting a respective one of the plurality of capacitor units to the single common passive output circuit, one of a plurality of buck converters regulating a discharge level of the plurality of capacitor units; and
a control unit adapted to operate the plurality of switches to discharge the plurality of charges into the load, via the common passive output circuit, in a sequence ordered to form a regulated energizing pulse having a desired multi-level voltage waveform.
1. A pulse forming network (PFN) for driving Xenon pulse lamps, comprising:
a single common passive output circuit utilizing a current source output circuit comprising an inductor connected in series to at least one Xenon pulse lamp and an anti-reversing diode connected in parallel to the inductor and the at least one Xenon pulse lamp;
a plurality of capacitor units set to store a plurality of electrical charges in a plurality of working output voltages;
a plurality of switches, each adapted to electrically couple a respective one of the plurality of capacitor units to the common passive output circuit electrically connecting all the switches to the at least one Xenon pulse lamp,
wherein each of the plurality of switches is configured to form, when electrically connecting a respective one of the plurality of capacitor units to the single common passive output circuit, one of a plurality of buck converters regulating a discharge level of the plurality of capacitor units; and
a control unit adapted to operate the plurality of switches to discharge the plurality of charges into the at least one Xenon pulse lamp, via the common passive output circuit, in a sequence ordered to form a regulated energizing pulse, over a time period, having a desired gradually decreasing multi-level voltage waveform comprising a plurality of gradually decreasing high voltage level segments in a first voltage level range having a first maximum level and a plurality of low voltage level segments in a second voltage level range having a second maximum level falling below the first maximum level, wherein the plurality of gradually decreasing high voltage level segments and the plurality of low voltage level segments are alternating with one another, wherein an entirety of the plurality of gradually decreasing high voltage level segments having, when combined, a voltage level which gradually decreases continuously over the time period across the entirety of the plurality of high voltage level segments,
wherein the desired multi-level voltage waveform is constructed from the plurality of different working output voltages;
wherein the at least one Xenon pulse lamp emits light pulses having a pattern corresponding to the regulated energizing pulse.
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) 1-10, 13-15 and 23-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MacDougall et al (US 7,514,820).
For claim 1, MacDougall teaches a pulse forming network (Figures 3-7), comprising:
a single common passive output circuit (316, 340) comprising an inductor (316) connected in series to a load (104) and a diode connected in parallel to the load (340);
a plurality of capacitor units (308-311) set to store a plurality of electrical charges in a plurality of working output voltages (as understood by examination of Figures 3-7);
a plurality of switches (312-315), each adapted to electrically couple a respective one of the plurality of capacitor units to the common passive output circuit electrically connecting all the switches to the load (as understood by examination of Figure 3) wherein each of the plurality of switches is configured to form, when electrically connecting a respective one of the plurality of capacitor units to the single common passive output circuit, one of a plurality of buck converters regulating a discharge level of the plurality of capacitor units (as understood by examination of Figures 3-7); and
a control unit (504 of Figure 5, shown in detail in Figure 6) adapted to operate the plurality of switches to discharge the plurality of charges into the load (as understood by examination of Figures 5 and 7), via the common passive output circuit (as understood by examination of Figures 3-7), in a sequence ordered to form a regulated energizing pulse having a desired multi-level voltage waveform (706 and 708, Figure 7).
For claim 2, MacDougall further teaches:
each of the plurality of capacitor units is energized by a power source adapted to a respective one of the plurality of working output voltages (each instance of 506, as understood by examination of Figure 5).
For claim 3, MacDougall further teaches:
at least one of the plurality of switches is configured to electrically couple a low rail of a respective capacitor unit to the common passive output circuit (“when the voltage of discharging capacitor unit 308 reaches zero, current starts flowing through the anti-reversing diode 340”, col. 8, lines 53-60).
For claim 4, MacDougall further teaches:
at least one of the plurality of switches is configured to electrically couple a high rail of a respective capacitor unit to the common passive output circuit (when 312-315 are conducting, as understood by examination of Figure 3).
For claim 5, MacDougall further teaches:
the desired multi-level voltage waveform is constructed from the plurality of different working output voltages (as understood by examination of Figures 3-7).
For claim 6, MacDougall further teaches:
the energizing pulse having a square waveform (as understood by examination of Figure 4).
For claim 7, MacDougall further teaches:
each of the plurality of switches is configured to couple a respective one of the plurality of capacitor units via an anti- reverse diode (340).
For claim 8, MacDougall further teaches:
the control unit is adapted to sequentially trigger the plurality of switches to receive a respective one of the plurality of electrical charges from a respective one of the plurality of capacitor units in a sequential order, forming the energizing pulse (as understood by examination of Figures 3-7).
For claim 9, MacDougall further teaches:
the control unit is adapted to simultaneously trigger a number of the plurality of switches to simultaneously receive multiple electrical charges from the number of capacitor units simultaneously, forming the energizing pulse (col. 13, lines 33-44).
For claim 10, MacDougall further teaches:
the control unit receives a requested charge level for the load and selects the number of switches according to the requested charge level (the requested charge level is based on the component values selected for the control unit, “the timing of the discharging of the capacitor units in the sequence of discharging is controlled in order to provide the proper pulse waveform. This timing can be made to vary or be adjusted over the course of the pulse depending on the shape of the pulse waveform or the impedance of the load”, col. 14, lines 21-39).
For claim 13, MacDougall further teaches:
at least one of the plurality of capacitor units are detachably connected to a supporting structure (rail gun, Figure 9).
For claim 14, MacDougall further teaches:
each of the plurality of capacitor units is iteratively charged (charging switches 510 are closed while discharging switches are open, col. 10, lines 23-32).
For claim 15, MacDougall further teaches:
the plurality of capacitor units are charged by at least one charging unit (502) electrically coupled to the plurality of capacitor units (as understood by examination of Figure 5), the at least one charging unit is operated by the control unit to charge the plurality of capacitor units with a plurality of electrical charges having a plurality of voltages (output of each 510 corresponding to different voltage levels, col. 7, lines 11-23).
For claim 23, MacDougall teaches a method of generating a patterned pulse (Figures 3-7), comprising:
using a control unit (504) of a Pulse Forming Network (Figures 3 and 5), the control unit is adapted for:
(a) charging a plurality of capacitor units (308-311) with a plurality of charges in a plurality of different working output voltages (via 502, col. 7, lines 11-53); and
(b) sequentially coupling the plurality of charged capacitor units to a single common passive output circuit (316, 340) utilizing a current source output circuit (316) electrically connecting all the capacitor units to a load (104) so as to allow delivering a regulated energizing pulse having a desired multi-level voltage waveform to the load (706 and 708, Figure 7);
wherein the common passive output circuit comprises an inductor (316) connected in series to the load and a diode (340) connected in parallel to the load (as understood by examination of Figure 3);
wherein the coupling of a respective one of the plurality of charged capacitor units to the single common passive output circuit forms one of a plurality of buck converters regulating a discharge level of the plurality of capacitor units (as understood by examination of Figures 3-7);
For claim 24, MacDougall further teaches:
the control unit is adapted to repeat the operations (a) and (b) so as to charge the load continuously (as understood by examination of Figures 3-7).
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) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over MacDougall in view of Official Notice.
For claim 16, MacDougall teaches the limitations of claim 15 but fails to teach the fly-back power controller as claimed.
However, examiner takes official notice that a plurality of voltage are notoriously old and well known to be generated from an AC input voltage using a rectifier to convert said AC supply voltage to DC supply voltage, an overcurrent protection circuit to prevent transients and a flyback converter to generate a plurality of DC output voltages from said DC supply voltage.
Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to implement MacDougall’s plurality of power sources 506 using a rectifier, overprotection circuit and flyback converter since the particular known technique was recognized as part of the ordinary capabilities of one skilled in the art at the time of invention.
Claim(s) 17-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over MacDougall in view of Official Notice.
For claim 17, MacDougall teaches the limitations of claim 15 but fails to teach the buck-boost converter as claimed.
However, it is notoriously old and well known in the art to use a buck-boost converter to generate a desired output voltage from an input voltage.
Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to implement MacDougall’s plurality of power sources 506 using buck-boost converters, respectively, since the particular known technique was recognized as part of the ordinary capabilities of one skilled in the art at the time of invention.
For claim 18, MacDougall in view of Official Notice teaches the limitations of claim 17 and further teaches:
the control unit (the portion of 504 which generates the control signals for 510) operates the buck- boost converter to charge the plurality of capacitor units with an approximately linearly rising voltage level (as understood by examination of the Figures).
For claim 19, MacDougall in view of Official Notice teaches the limitations of claim 17 and further teaches:
the buck-boost converter is electrically coupled to a respective one of the plurality of capacitor units via a charging switch (510) triggered by the control unit according to a respective electrical charge defined for the respective capacitor unit (as understood by examination of the Figures).
For claim 20, MacDougall in view of Official Notice teaches the limitations of claim 19 and further teaches:
the charging switch is configured to electrically couple a low rail of the buck-boost converter to the respective capacitor unit (as understood by the combination of references as cited above).
For claim 21, MacDougall in view of Official Notice teaches the limitations of claim 19 and further teaches:
the charging switch is configured to electrically couple a high rail of the buck-boost converter to the respective capacitor unit (as understood by the combination of references as cited above).
For claim 22, MacDougall in view of Official Notice teaches the limitations of claim 19 and further teaches:
a boost circuit of the buck-boost converter is disabled by operating a switch of the buck-boost converter to constantly electrically couple the boost circuit to the respective capacitor unit (as understood by the combination of references as cited above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL CALRISSIAN PUENTES whose telephone number is (571)270-5070. The examiner can normally be reached M-F 9-6:30 (flex).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Taelor Kim can be reached at (571) 270-7166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL C PUENTES/Primary Examiner, Art Unit 2836
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