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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 14 and 1 of U.S. Patent No. 2025/0202270 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because they can be interpreted to describe substantially identical or very similar the regenerative braking system with essentially the same relationship. Regarding claims 1-3 of instant application, see comparison with claims 1, 14, 1 of US Publication No. 2025/0202270 A1, respectively. Differences between the respective claims are underlined.
Instant application 19/034,073
U.S. Publication No. 2025/0202270 A1
Claim 1. A power converter comprising:
a high-potential electrical path configured to be electrically connected to a positive terminal of a first power storage unit;
a low-potential electrical path configured to be electrically connected to a negative terminal of a second power storage unit;
an inverter having
an upper-arm switch electrically connected to the high-potential electrical path;
a lower-arm switch electrically connected to the low-potential electrical path;
a motor having an armature winding electrically connected to a connection point between the upper-arm switch and the lower-arm switch via a conductive member;
an inter-storage switch located at an inter-storage electrical path that electrically connects a negative terminal of the first power storage unit to a positive terminal of the second power storage unit;
a bypass switch configured to establish at least one of
an electrical connection between the negative terminal of the first power storage unit and the negative terminal of the second power storage unit, or
an electrical connection between the positive terminal of the first power storage unit and the positive terminal of the second power storage unit; and
a motor-side electrical path configured to electrically connect the inter-storage electrical path to either the armature winding or the conductive member.
Claim 2. The power converter according to Claim 1, wherein
the bypass switch is a switch configured to electrically connect the negative terminal of the first power storage unit to the negative terminal of the second power storage unit, and
the motor-side electrical path is a path configured to electrically connect the armature winding to a section of the inter-storage electrical path between the inter storage switch and the second power storage unit, the power converter further comprising:
a motor-side switch located at the motor-side electrical path.
Claim 3. The power converter according to claim 2, further comprising:
a controller configured to determine whether to set a connection state between the first power storage unit and the second power storage unit to a series connection or a motor-via connection, the motor-via connection being a state in which the positive terminal of the second power storage unit is connected to the high-potential electrical path via the motor-side electrical path, the armature winding, and the inverter, wherein
the controller is configured to:
turn on the inter-storage switch and turn off the bypass switch, on a condition that the controller determines to set the connection state between the first power storage unit and the second power storage unit to the series connection; and
turn off the inter-storage switch and turn on the bypass switch and the motor-side switch, on a condition that the controller determines to set the connection state between the first power storage unit and the second power storage unit to the motor-via connection.
Claim 1. An electrical power converter comprising:
a high-potential electrical path which is electrically connectable with a positive terminal of a first storage battery;
a low-potential electrical path which is electrically connectable with a negative terminal of a second storage battery;
an inverter which includes upper arm switches and lower arm switches, the upper arm switches being electrically connected with the high-potential electrical path, the lower arm switches being electrically connected to the low-potential electrical path;
a motor which includes armature windings electrically connected to joints of the upper arm switches and the lower arm switches through conductors;
a battery-to-battery switch which is disposed on a battery-to-battery electrical path electrically connecting with a negative terminal of the first storage battery and a positive terminal of the second storage battery;
a bypass switch which establishes at least one of an electrical connection between the negative terminals of the first storage battery and the second storage battery and an electrical connection between the positive terminals of the first storage battery and the second storage battery;
a motor electrical path which electrically connects the armature windings or the conductors with the battery-to-battery electrical path; and
a control device which determines whether there is a power transfer request which requests transmission of electrical power between the first storage battery and the second storage battery, wherein
when determining that there is the power transfer request, the control device sets an operation mode for the battery-to-battery switch and the bypass switch to a first mode or a second mode and then controls a switching operation of the inverter to perform an electrical power transfer task to transmit electrical power between the first storage battery and the second storage battery, the first mode being a mode in which the battery-to-battery switch is turned on, and the bypass switch is turned off, the second mode being a mode in which the battery-to-battery switch is turned off, and the bypass switch is turned on.
Claim 1. An electrical power converter comprising:
………………………………
a bypass switch which establishes at least one of an electrical connection between the negative terminals of the first storage battery and the second storage battery and an electrical connection between the positive terminals of the first storage battery and the second storage battery;
a motor electrical path which electrically connects the armature windings or the conductors with the battery-to-battery electrical path………….
Claim 14. The electrical power converter as set forth in claim 1, further comprising a motor switch disposed on the motor electrical path,
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Claim 1. An electrical power converter comprising:
……………………………………………..
a control device which determines whether there is a power transfer request which requests transmission of electrical power between the first storage battery and the second storage battery, wherein
when determining that there is the power transfer request, the control device sets an operation mode for the battery-to-battery switch and the bypass switch to a first mode or a second mode and then controls a switching operation of the inverter to perform an electrical power transfer task to transmit electrical power between the first storage battery and the second storage battery, the first mode being a mode in which the battery-to-battery switch is turned on, and the bypass switch is turned off,
the second mode being a mode in which the battery-to-battery switch is turned off, and the bypass switch is turned on.
Note: some claims of instant application are not exactly limitations as U.S. Publication No. 2025/0202270 A1. However, they are the same functions. Therefore, these limitations are obvious by system of U.S. Publication No. 2025/0202270 A1.
Allowable Subject Matter
Claims 22-27 are allowed.
Claims 4-21 are objected to as being dependent upon a rejected base claim 1, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
For claim 22, the prior art of record fails to disclose, reasonably suggest, or render obvious, in combination with all the given limitations, a non-transitory computer readable medium storing a computer program product comprising instructions configured to, when executed by a processor, cause the processor to:
turn on an inter-storage switch and turn off a bypass switch, on a condition that the processor determines to set the connection state between the first power storage unit and the second power storage unit to the series connection, the inter-storage switch and the bypass switch included in the power converter, wherein
the power converter includes the high-potential electrical path; the low-potential electrical path the inverter; and a motor having an armature winding;
wherein the inter-storage switch located at an inter-storage electrical path that electrically connects the negative terminal of the first power storage unit to the positive terminal of the second power storage unit; and
the bypass switch either
electrically connecting the negative terminal of the first power storage unit to the negative terminal of the second power storage unit, or
electrically connecting the positive terminal of the first power storage unit to the positive terminal of the second power storage unit; and
the motor-side electrical path electrically connecting the armature winding to a section of the inter-storage electrical path between the inter-storage switch and either the first power storage unit or the second power storage unit.
Claims 23-27 are allowed because they depend on claim 22.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAI T DINH whose telephone number is (571)270-3852. The examiner can normally be reached (571)270-3852.
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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.
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/THAI T DINH/Primary Examiner, Art Unit 2837
Sep 12, 2026
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