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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).
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Claims 2-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,230,451. Although the claims at issue are not identical, they are not patentably distinct from each other as follows.
With respect to claim 2, claims 1-15 of the ‘451 patent recite an apparatus (see claim 1, col. 14, line 41) comprising: a case capable of receiving a plurality of capacitive devices, each capacitive device providing at least two capacitors, each capacitor having a capacitance value (see claim 1, col. 14, lines 42-44); and a cover assembly (see claim 1, col. 14, line 46) comprising: for each of the plurality of capacitive devices, a first cover terminal that extends upwardly from the cover assembly, wherein each first cover terminal is connected to one of the at least two capacitors of the respective one of the plurality of capacitive devices (see claim 1, col. 14, lines 48-52), for each of the plurality of capacitive devices, a second cover terminal that extends upwardly from the cover assembly, wherein each second cover terminal is connected to another of the at least two capacitors for the respective one of the plurality of devices (see claim 1, col. 14, lines 53-59), a common insulation barrier mounted to the cover assembly, wherein one first cover terminal extends through the common insulation barrier, the common insulation barrier includes barrier fins extending radially outwards (see claim 1, col. 14, lines 60-64), and a separate insulation barrier mounted to the cover assembly, wherein one second cover terminal extends through the separate insulation barrier (see claim 1, col. 14, lines 65-67), wherein the apparatus has a first KVAR value for the first cover terminal being disconnected from the second cover terminal (see claim 1, col. 15, lines 1-3).
With respect to claim 3, claims 1-15 of the ‘451 patent recite that the at least two capacitors have equivalent capacitance values. See claim 2.
With respect to claim 4, claims 1-15 of the ‘451 patent recite that the at least two capacitors provided by each of the plurality of capacitive devices have equivalent capacitance values. See claim 3.
With respect to claim 5, claims 1-15 of the ‘451 patent recite that each of the capacitive devices are separately wound. See claim 4.
With respect to claim 6, claims 1-15 of the ‘451 patent recite an insulating fluid in the case at least partially surrounding the plurality of capacitive devices. See claim 5.
With respect to claim 7, claims 1-15 of the ‘451 patent recite that the first cover terminal has a first size and the second cover terminal has a second size, different from the first size. See claim 6.
With respect to claim 8, claims 1-15 of the ‘451 patent recite that the first size is a first diameter and the second size is a second diameter. See claim 7.
With respect to claim 9, claims 1-15 of the ‘451 patent recite that the plurality of capacitive devices are connected in a delta configuration. See claim 8.
With respect to claim 10, claims 1-15 of the ‘451 patent recite that the at least two capacitors are connected in parallel by connecting the first cover terminal and the second cover terminal. See claim 9.
With respect to claim 11, claims 1-15 of the ‘451 patent recite that the apparatus has a second KVAR value for the first cover terminal being connected to the second cover terminal. See claim 10.
With respect to claim 12, claims 1-15 of the ‘451 patent recite an apparatus (see claim 11, col. 15, line 30) comprising: a case capable of receiving a plurality of capacitive devices, each capacitive device providing at least two capacitors, each capacitor having a capacitance value (see claim 11, col. 15, lines 31-33); and a cover assembly (see claim 11, col. 15, line 30) comprising: for each of the plurality of capacitive devices, a cover terminal that extends upwardly from the cover assembly generally at a central region of the cover assembly, wherein each cover terminal is connected to one of the at least two capacitors of the respective one of the plurality of capacitive devices value (see claim 11, col. 15, lines 36-41), for each of the plurality of capacitive devices, a cover terminal that extends upwardly from the cover assembly, wherein each cover terminal is connected to another of the at least two capacitors for the respective one of the plurality of devices value (see claim 11, col. 16, lines 1-8), a common insulation barrier mounted to the cover assembly, wherein a first cover terminal that extends upwardly from the cover assembly generally at the central region of the cover assembly extends through the common insulation barrier, the common insulation barrier including barrier fins extending radially outwards value (see claim 11, col. 16, lines 9-15), and a separate insulation barrier mounted to the cover assembly, wherein a second cover terminal that extends upwardly from the cover assembly extends through the separate insulation barrier value (see claim 11, col. 16, lines 16-20); wherein the apparatus has a first KVAR value for the first cover terminal being disconnected from the second cover terminal, and the apparatus has a second KVAR value for the first cover terminal being connected to the second cover terminal value (see claim 11, col. 16, lines 21-31).
With respect to claim 13, claims 1-15 of the ‘451 patent recite that the at least two capacitors have equivalent capacitance values. See claim 12.
With respect to claim 14, claims 1-15 of the ‘451 patent recite that the at least two capacitors provided by each of the plurality of capacitive devices have equivalent capacitance values. See claim 13.
With respect to claim 15, claims 1-15 of the ‘451 patent recite that each of the capacitive devices care separately wound. See claim 14.
With respect to claim 16, claims 1-15 of the ‘451 patent recite an insulating fluid in the case at least partially surrounding the plurality of capacitive devices. See claim 15.
Claims 2-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 9,318,261. Although the claims at issue are not identical, they are not patentably distinct from each other as follows.
With respect to claim 2, claims 1-16 of the ‘261 patent recite an apparatus (claim 1, col. 14, line 14) comprising: a case capable of receiving a plurality of capacitive devices, each capacitive device providing at least two capacitors, each capacitor having a capacitance value (claim 1, col. 14, lines 15-17); and a cover assembly (claim 1, col. 14, lines 18-19), comprising: for each of the plurality of capacitive devices, a first cover terminal that extends upwardly from the cover assembly, wherein each first cover terminal is connected to one of the at least two capacitors of the respective one of the plurality of capacitive devices (claim 1, col. 14, lines 20-25), for each of the plurality of capacitive devices, a second cover terminal that extends upwardly from the cover assembly at a position spaced apart from the respective first cover terminal, wherein each second cover terminal is connected to another of the at least two capacitors for the respective one of the plurality of devices (claim 1, col. 14, lines 26-32), a common insulation barrier mounted to the cover assembly, wherein one first cover terminal extends through the common insulation barrier, the common insulation barrier includes barrier fins extending radially outwards (claim 1, col. 14, lines 33-39), and a separate insulation barrier mounted to the cover assembly, wherein one second cover terminal extends through the separate insulation barrier (claim 1, col. 14, lines 40-44), wherein the apparatus has a first KVAR value for the first cover terminal being disconnected from the second cover terminal (see claim 11).
With respect to claim 3, the embodiment of claims 1 and 11 of the ‘261 patent fail to recite that the at least two capacitors have equivalent capacitance values.
However, claim 2 of the ‘261 patent recites that that the at least two capacitors have equivalent capacitance values. Such an arrangement provides flexibility in the overall capacitive value of the apparatus.
Accordingly, it would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the invention, to modify the embodiment of claims 1 and 11, as recited in claim 2, in order to provide flexibility in the overall capacitive value of the apparatus.
With respect to claim 4, the embodiment of claims 1 and 11 fail to recite that the at least two capacitors provided by each of the plurality of capacitive devices have equivalent capacitance values.
However, claim 3 of the ‘261 patent recites the at least two capacitors provided by each of the plurality of capacitive devices have equivalent capacitance values. Such an arrangement provides flexibility in the overall capacitive value of the apparatus.
Accordingly, it would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the invention, to modify the embodiment of claims 1 and 11, as recited in claim 3, in order to provide flexibility in the overall capacitive value of the apparatus.
With respect to claim 5, the embodiment of claims 1 and 10 fail to recite that each of the capacitive devices are separately wound.
However, claim 4 of the ‘261 patent recites that each of the capacitive devices are separately wound. Such an arrangement provides flexibility in the configuration of the apparatus.
Accordingly, it would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the invention, to modify the embodiment of claims 1 and 11, as recited in claim 4, in order to provide flexibility in the configuration of the apparatus.
With respect to claim 6, the embodiment of claims 1 and 11 fail to recite that an insulating fluid in the case at least partially surrounding the plurality of capacitive devices.
However, claim 5 of the ‘261 patent recites that an insulating fluid in the case at least partially surrounding the plurality of capacitive devices. Such an arrangement provides insulation for the individual capacitive devices.
Accordingly, it would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the invention, to modify the embodiment of claims 1 and 11, as recited in claim 5, in order to provide insulation for the individual capacitive devices.
With respect to claim 7, the embodiment of claims 1 and 11 fail to recite that the first cover terminal has a first size and the second cover terminal has a second size, different from the first size.
However, claim 6 of the ‘261 patent recites that the first cover terminal has a first size and the second cover terminal has a second size, different from the first size. Such an arrangement provides flexibility in the configuration of the apparatus.
Accordingly, it would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the invention, to modify the embodiment of claims 1 and 11, as recited in claim 6, to provide flexibility in the configuration of the apparatus.
With respect to claim 8, the embodiment of claims 1 and 11 fail to recite that the first size is a first diameter and the second size is a second diameter.
However, claim 7 of the ‘261 patent recites that that the first size is a first diameter and the second size is a second diameter. Such an arrangement provides flexibility in the configuration of the apparatus.
Accordingly, it would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the invention, to modify the embodiment of claims 1 and 11, as recited in claim 7, to provide flexibility in the configuration of the apparatus.
With respect to claim 9, the embodiment of claims 1 and 11 fail to recite that the plurality of capacitive devices are connected in a delta configuration.
However, claim 8 of the ‘261 patent recites that the plurality of capacitive devices are connected in a delta configuration. Such an arrangement provides flexibility in the configuration of the apparatus.
Accordingly, it would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the invention, to modify the embodiment of claims 1 and 11, as recited in claim 8, to provide flexibility in the configuration of the apparatus.
With respect to claim 10, the embodiment of claims 1 and 11 fail to recite that the at least two capacitors are connected in parallel by connecting the first cover terminal and the second cover terminal.
However, claim 9 of the ‘261 patent recites that the at least two capacitors are connected in parallel by connecting the first cover terminal and the second cover terminal. Such an arrangement provides flexibility in the configuration of the apparatus.
Accordingly, it would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the invention, to modify the embodiment of claims 1 and 11, as recited in claim 9, to provide flexibility in the configuration of the apparatus.
With respect to claim 11, the embodiment of claims 1 and 11 recite that the apparatus has a second KVAR value for the first cover terminal being connected to the second cover terminal. See claim 11.
With respect to claim 12, claims 1-16 of the ‘261 patent recite an apparatus comprising: a case capable of receiving a plurality of capacitive devices, each capacitive device providing at least two capacitors, each capacitor having a capacitance value (claim 12, col. 15, lines 21-23); and a cover assembly (claim 12, col. 15, lines 24-25), the cover assembly comprising: for each of the plurality of capacitive devices, a cover terminal that extends upwardly from the cover assembly generally at a central region of the cover assembly, wherein each cover terminal is connected to one of the at least two capacitors of the respective one of the plurality of capacitive devices (claim 12, col. 15, lines 25-31), for each of the plurality of capacitive devices, a cover terminal that extends upwardly from the cover assembly at a position spaced apart from the cover terminal generally at the central region of the cover assembly, wherein each cover terminal at the spaced apart position is connected to another of the at least two capacitors for the respective one of the plurality of devices (claim 12, col. 15, line 32-col. 16, line 2), a common insulation barrier mounted to the cover assembly, wherein one cover terminal that extends upwardly from the cover assembly generally at the central region of the cover assembly extends through the common insulation barrier, the common insulation barrier includes barrier fins extending radially outwards (claim 12, col. 16, lines 3-9), and a separate insulation barrier mounted to the cover assembly, wherein one cover terminal that extends upwardly from the cover assembly at the spaced apart position extends through the separate insulation barrier (claim 12, col. 16, lines 10-14); wherein the apparatus has a first KVAR value for the cover terminal that extends upwardly from the cover assembly generally at the central region of the cover assembly being disconnected from the cover terminal that extends upwardly from the cover assembly at the spaced apart position, and, the apparatus has a second KVAR value for the cover terminal that extends upwardly from the cover assembly generally at the central region of the cover assembly being connected to the cover terminal that extends upwardly from the cover assembly at the spaced apart position (claim 12, col. 16, lines 15-25).
With respect to claim 13, claims 1-16 of the ‘261 patent recite that the at least two capacitors have equivalent capacitance values. See claim 13.
With respect to claim 14, claims 1-16 of the ‘261 patent recite that the at least two capacitors provided by each of the plurality of capacitive devices have equivalent capacitance values. See claim 14.
With respect to claim 15, claims 1-16 of the ‘261 patent recite that each of the capacitive devices care separately wound. See claim 15.
With respect to claim 16, claims 1-16 of the ‘261 patent recite an insulating fluid in the case at least partially surrounding the plurality of capacitive devices. See claim 16.
Claims 12-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 11,183,335. Although the claims at issue are not identical, they are not patentably distinct from each other as follows.
With respect to claim 12, claims 1-17 of the ‘335 patent recite an apparatus comprising: a case capable of receiving a plurality of capacitive devices, each capacitive device providing at least two capacitors, each capacitor having a capacitance value (claim 12, col. 15, lines 20-22); and a cover assembly (claim 12, col. 15, lines 24-25), the cover assembly comprising: for each of the plurality of capacitive devices, a cover terminal that extends upwardly from the cover assembly generally at a central region of the cover assembly, wherein each cover terminal is connected to one of the at least two capacitors of the respective one of the plurality of capacitive devices (claim 12, col. 15, lines 25-32), for each of the plurality of capacitive devices, a cover terminal that extends upwardly from the cover assembly at a position spaced apart from the cover terminal generally at the central region of the cover assembly, wherein each cover terminal at the spaced apart position is connected to another of the at least two capacitors for the respective one of the plurality of devices (claim 12, col. 16, line 1-7), a common insulation barrier mounted to the cover assembly, wherein one cover terminal that extends upwardly from the cover assembly generally at the central region of the cover assembly extends through the common insulation barrier, the common insulation barrier includes barrier fins extending radially outwards (claim 12, col. 16, lines 8-10), and a separate insulation barrier mounted to the cover assembly, wherein one cover terminal that extends upwardly from the cover assembly at the spaced apart position extends through the separate insulation barrier (claim 12, col. 16, lines 11-13); wherein the apparatus has a first KVAR value for the cover terminal that extends upwardly from the cover assembly generally at the central region of the cover assembly being disconnected from the cover terminal that extends upwardly from the cover assembly at the spaced apart position, and, the apparatus has a second KVAR value for the cover terminal that extends upwardly from the cover assembly generally at the central region of the cover assembly being connected to the cover terminal that extends upwardly from the cover assembly at the spaced apart position (claim 12, col. 16, lines 14-18).
With respect to claim 13, claims 1-17 of the ‘335 patent recite that the at least two capacitors have equivalent capacitance values. See claim 13 of the ‘335 patent.
With respect to claim 14, claims 1-17 of the ‘335 patent recite that the at least two capacitors provided by each of the plurality of capacitive devices have equivalent capacitance values. See claim 14 of the ‘335 patent.
With respect to claim 15, claims 1-17 of the ‘335 patent recite that each of the capacitive devices care separately wound. See claim 15 of the ‘335 patent.
With respect to claim 16, claims 1-17 of the ‘335 patent recite an insulating fluid in the case at least partially surrounding the plurality of capacitive devices. See claim 16 of the ‘335 patent.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Stockman (US 10,586,655), Stockman (US 10,475,588), and Stockman (US 10,366,840) each describe a capacitor having multiple elements for replacement applications, but fail to disclose the details in the independent claims.
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/DION R. FERGUSON/Primary Examiner, Art Unit 2847
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