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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Email Communication
Applicant is encouraged to authorize the Examiner to communicate with applicant via email by filing form PTO/SB/439 either via USPS, Central Fax, or EFS-Web. See MPEP 502.01, 502.03, 502.05.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claim(s) 9 is/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 regards to claim 9,
Claim 9 recites “a second capacitor on the same side of the first DC busbar and the second DC busbar, the second capacitor including a first end cap extending in a direction substantially perpendicular to the longitudinal direction of the planar busbar; and
a second connection plate provided at the first end cap of the second capacitor to connect the second capacitor to the first DC busbar, wherein the second connection plate and connection plate align and both extend substantially perpendicular to each other” which causes the claim to be indefinite. Firstly, “connection plate” plate lacks antecedent basis and it is unclear if “connection plate” is referencing the first connection plate of claim 1 or a completely new and separate connection plate. Furthermore, it is unclear how the two connection plates area aligned and perpendicular to one another. A review of the application drawings show connection plates are aligned and parallel to each other (i.e. connection plates extend along opposed end surfaces of the capacitor and up to busbar).
For the purpose of examination the examiner is taking, “a second capacitor on the same side of the first DC busbar and the second DC busbar, the second capacitor including a first end cap extending in a direction substantially perpendicular to the longitudinal direction of the planar busbar; and a second connection plate provided at the first end cap of the second capacitor to connect the second capacitor to the first DC busbar, wherein the second connection plate and connection plate align and both extend substantially perpendicular to each other” to read “a second capacitor on the same side of the first DC busbar and the second DC busbar, the second capacitor including a first end cap extending in a direction substantially perpendicular to the longitudinal direction of the planar busbar; and a second connection plate provided at the first end cap of the second capacitor to connect the second capacitor to the first DC busbar, wherein the second connection plate and first connection plate are aligned and both extend substantially parallel to each other”.
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) 1-6 & 8-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kamizuma et al. (US 2014/0286064).
In regards to claim 1, Kamizuma ‘064 discloses
A system comprising an inverter ([0068]) to convert direct current (DC) power from a battery ([0071]) to alternating current (AC) power to drive a motor ([0071]), wherein the inverter includes:
a capacitor assembly, the capacitor assembly including:
a planar busbar (360 – fig. 9; [0070]) including a first DC busbar (positive plate) and a second DC busbar (negative plate);
a capacitor (10 – fig. 9; [0031]) on a same side of the first DC busbar and the second DC busbar, the capacitor including a first end cap (12 – fig. 11; [0031]) extending in a direction substantially perpendicular to a longitudinal direction of the planar busbar (fig. 11); and
a first connection plate (13 – fig. 11; [0031]) provided at the first end cap to connect the capacitor to the first DC busbar.
In regards to claim 2, Kamizuma ‘064 discloses
The system of claim 1, wherein the inverter further includes: a thin wall insulator (20 – fig. 10; [0031]) provided at the first end cap.
In regards to claim 3, Kamizuma ‘064 discloses
The system of claim 1, wherein the capacitor includes a second end cap (12 – fig. 11; [0031]) extending in a direction substantially perpendicular to the longitudinal direction of the planar busbar on an opposite end of the capacitor from the first end cap.
In regards to claim 4, Kamizuma ‘064 discloses
The system of claim 3, further including: a second connection plate (13 – fig. 11; [0031]) connecting the second end cap to the second DC busbar.
In regards to claim 5, Kamizuma ‘064 discloses
The system of claim 1, wherein the planar busbar further includes an insulation layer between the first DC busbar and the second DC busbar ([0070]).
In regards to claim 6, Kamizuma ‘064 discloses
The system of claim 1, wherein the first connection plate includes a first tab (portion of 13 connected to 360 – fig. 10-11; [0031]) and a second tab (portion of 13 connected to 360 – fig. 10-11; [0031]), wherein the first tab and the second tab both connect to the first DC busbar ([0031]).
In regards to claim 8, Kamizuma ‘064 discloses
The system of claim 1, wherein the first connection plate extends through an opening in the second DC busbar (fig. 12).
In regards to claim 9, Kamizuma ‘064 discloses
The system of claim 1, further including: a second capacitor (10 – fig. 13; [0031]) on the same side of the first DC busbar and the second DC busbar, the second capacitor including a first end cap (12 – fig. 13; [0031]) extending in a direction substantially perpendicular to the longitudinal direction of the planar busbar; and
a second connection plate (13 – fig. 11; [0031]) provided at the first end cap of the second capacitor to connect the second capacitor to the first DC busbar, wherein the second connection plate and first connection plate are aligned and both extend substantially parallel to each other (fig. 11).
In regards to claim 10, Kamizuma ‘064 discloses
The system of claim 1, further comprising: the battery configured to supply the DC power to the inverter ([0071]); and
the motor configured to receive the AC power from the inverter to drive the motor ([0071]),
wherein the system is provided as a vehicle ([0067]).
In regards to claim 11, Kamizuma ‘064 discloses
A capacitor assembly comprising:
a capacitor (10 – fig. 3; [0031]) including a wound metalized polypropylene film including a central axis (fig. 3; [0007] & [0031]), a first end cap (12 – fig. 3; [0007] & [0031]) on a first end of the wound metalized polypropylene film, and a second end cap (12 – fig. 3; [0007] & [0031]) on a second end, opposite to the first end, of the wound metalized polypropylene film;
a first connection plate (13 – fig. 3; [0031]) connected to the first end cap and extending substantially perpendicular from the central axis in a first direction; and
a second connection plate (13 – fig. 3; [0031]) connected to the second end cap and extending substantially perpendicular from the central axis in the first direction.
In regards to claim 12, Kamizuma ‘064 discloses
The capacitor assembly of claim 11, wherein the first connection plate includes a first tab (13 – fig. 10) and a second tab (13 – fig. 10), the first tab and the second tab extending substantially perpendicular from the central axis in the first direction (fig. 12).
In regards to claim 13, Kamizuma ‘064 discloses
The capacitor assembly of claim 11, wherein the second connection plate includes a first tab (13 – fig. 10) and a second tab (13 – fig. 10), the first tab and the second tab extending substantially perpendicular from the central axis in the first direction (fig. 12).
In regards to claim 14, Kamizuma ‘064 discloses
The capacitor assembly of claim 11, wherein the first connection plate is coupled to the first end cap by a press fitting ([0037]).
In regards to claim 15, Kamizuma ‘064 discloses
The capacitor assembly of claim 11, wherein the first end cap is arc sprayed zinc ([0007]) - this claim is considered to be a product by process claim since the claim language is directed to the step required to form end cap. Therefore, this step has been given no patentable weight since it has been held that the determination of patentability in a product-by-process claim is based on the product itself, even though the claim may be limited and defined by the process. That is, the product in such a claim is unpatentable if it is the same as or obvious from the product of the prior art, even if the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 697, 227 USPQ 964, 966 (Fed. Cir. 1985). A product-by-process limitation adds no patentable distinction to the claim, and is unpatentable if the claimed product is the same as a product of the prior art.)
In regards to claim 16, Kamizuma ‘064 discloses
A capacitor assembly for a power converter chassis pocket (370 – fig. 9; [0086]), the capacitor assembly comprising:
a planar busbar (360 – fig. 9; [0070]) including a first DC busbar (positive plate) and a second DC busbar (negative plate);
a capacitor (10 – fig. 9; [0031]) on a same side of the first DC busbar and the second DC busbar, the capacitor including:
a metalized polypropylene film wound around a central axis extending in a direction substantially parallel with a longitudinal direction of the planar busbar (fig. 9; [0007] & [0031]),
a first end cap (12 – fig. 11; [0031]) on a first end of the metalized polypropylene film ([0007] & [0031]), and
a second end cap (12 – fig. 11; [0031]) on a second end of the metalized polypropylene film opposite from the first end ([0007] & [0031]);
a first connection plate (13 – fig. 11; [0031]) provided at the first end cap to connect the capacitor to the first DC busbar; and
a second connection plate (13 – fig. 11; [0031]) provided at the second end cap to connect the capacitor to the second DC busbar.
In regards to claim 17, Kamizuma ‘064 discloses
The capacitor assembly of claim 16, wherein the first connection plate and the second connection plate are configured to transfer heat from the first end cap and the second end cap to the power converter chassis pocket ([0086]).
In regards to claim 18, Kamizuma ‘064 discloses
The capacitor assembly of claim 16, wherein the first DC busbar includes an opening, and the second connection plate extends through the opening in the first DC busbar to connect to the second DC busbar (fig. 11-12).
In regards to claim 19, Kamizuma ‘064 discloses
The capacitor assembly of claim 16, further including: a thin wall insulator (20 – fig. 13; [0033]) provided at the first end cap; and an epoxy layer (30 – fig. 13; [0035]) between the thin wall insulator and the first end cap.
In regards to claim 20, Kamizuma ‘064 discloses
The capacitor assembly of claim 19, wherein: the thin wall insulator is a plastic material for high voltage insulation ([0033]), and the epoxy layer is configured to seal the capacitor assembly for environmental protection ([0035]).
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN105845440A hereafter referred to as Jiang.
In regards to claim 1, Jiang discloses
A system comprising an inverter to convert direct current (DC) power from a battery to alternating current (AC) power to drive a motor (fig. 14; [0103]), wherein the inverter includes:
a capacitor assembly, the capacitor assembly including:
a planar busbar (1 – fig. 12; [0062]) including a first DC busbar (120 – fig. 12; [0109]) and a second DC busbar (130 – fig. 12; [0110]);
a capacitor (530 – fig. 7-8; [0080]) on a same side of the first DC busbar and the second DC busbar, the capacitor including a first end cap ([0086]) extending in a direction substantially perpendicular to a longitudinal direction of the planar busbar (fig. 12); and
a first connection plate (540 – fig. 8 & 11; [0086]) provided at the first end cap to connect the capacitor to the first DC busbar.
In regards to claim 2, Jiang discloses
The system of claim 1, wherein the inverter further includes: a thin wall insulator (510 – fig. 7; [0078]) provided at the first end cap.
In regards to claim 3, Jiang discloses
The system of claim 1, wherein the capacitor includes a second end cap extending in a direction substantially perpendicular to the longitudinal direction of the planar busbar on an opposite end of the capacitor from the first end cap (fig. 8; [0086]).
In regards to claim 4, Jiang discloses
The system of claim 3, further including: a second connection plate (550 – fig. 7-8; [0086]) connecting the second end cap to the second DC busbar.
In regards to claim 5, Jiang discloses
The system of claim 1, wherein the planar busbar further includes an insulation layer (152 – fig. 4; [0110]) between the first DC busbar and the second DC busbar.
In regards to claim 6, Jiang discloses
The system of claim 1, wherein the first connection plate includes a first tab (542 – fig. 7; [0101]) and a second tab (542 – fig. 7; [0101]), wherein the first tab and the second tab both connect to the first DC busbar (fig. 1 & 13).
In regards to claim 7, Jiang discloses
The system of claim 1, wherein the first connection plate includes copper ([0086]).
In regards to claim 8, Jiang discloses
The system of claim 1, wherein the first connection plate extends through an opening in the second DC busbar (fig. 1 & 13; [0116]).
In regards to claim 9, Jiang discloses
The system of claim 1, further including: a second capacitor (530)on the same side of the first DC busbar and the second DC busbar (fig. 7), the second capacitor including a first end cap extending in a direction substantially perpendicular to the longitudinal direction of the planar busbar (fig. 7-8; [0086]); and
a second connection plate (fig. 7) provided at the first end cap of the second capacitor to connect the second capacitor to the first DC busbar, wherein the second connection plate and first connection plate are aligned and both extend substantially parallel to each other (fig. 7-8).
In regards to claim 10, Jiang discloses
The system of claim 1, further comprising: the battery configured to supply the DC power to the inverter (fig. 14; [0103]); and
the motor configured to receive the AC power from the inverter to drive the motor (fig. 14; [0103]),
wherein the system is provided as a vehicle ([0002]).
Claim(s) 11 & 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP2014145761A hereafter referred to as Sano..
In regards to claim 11, Sano discloses
A capacitor assembly comprising:
a capacitor including a wound metalized polypropylene film including a central axis ([0015-0016]), a first end cap (5 – fig. 2; [0020]) on a first end of the wound metalized polypropylene film, and a second end cap (5 – fig. 2; [0020]) on a second end, opposite to the first end, of the wound metalized polypropylene film;
a first connection plate (6 – fig. 2; [0022]) connected to the first end cap and extending substantially perpendicular from the central axis in a first direction; and
a second connection plate (6 – fig. 2; [0022]) connected to the second end cap and extending substantially perpendicular from the central axis in the first direction.
In regards to claim 14, Sano discloses
The capacitor assembly of claim 11, wherein the first connection plate is coupled to the first end cap by a press fitting ([0023]).
In regards to claim 15, Sano discloses
The capacitor assembly of claim 11, wherein the first end cap is arc sprayed zinc ([0021]).
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 17 is provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 17 of copending Application No. 19/048073 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
In regards to claim 17, Application No. 19/048073 claims
The capacitor assembly of claim 16, wherein the first connection plate and the second connection plate are configured to transfer heat from the first end cap and the second end cap to the power converter chassis pocket (claim 17).
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim(s) 1, 3-4, 6-7, 11, & 16 is/are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6-9, 11-12, & 17 of copending Application No. 19/048073 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because
In regards to claim 1, Application No. 19/048073 claims
A system comprising an inverter to convert direct current (DC) power from a battery to alternating current (AC) power to drive a motor, wherein the inverter includes:
a capacitor assembly, the capacitor assembly including:
a planar busbar including a first DC busbar and a second DC busbar;
a capacitor on a same side of the first DC busbar and the second DC busbar, the capacitor including a first end cap extending in a direction substantially perpendicular to a longitudinal direction of the planar busbar; and
a first connection plate provided at the first end cap to connect the capacitor to the first DC busbar (claim 1 & claim 11).
In regards to claim 3, Application No. 19/048073 claims
The system of claim 1, wherein the capacitor includes a second end cap extending in a direction substantially perpendicular to the longitudinal direction of the planar busbar on an opposite end of the capacitor from the first end cap (claim 7).
In regards to claim 4, Application No. 19/048073 claims
The system of claim 3, further including: a second connection plate connecting the second end cap to the second DC busbar (claim 8).
In regards to claim 6, Application No. 19/048073 claims
The system of claim 1, wherein the first connection plate includes a first tab and a second tab, wherein the first tab and the second tab both connect to the first DC busbar (claim 11).
In regards to claim 7, Application No. 19/048073 claims
The system of claim 1, wherein the first connection plate includes copper (claim 6).
In regards to claim 10, Application No. 19/048073 claims
The system of claim 1, further comprising: the battery configured to supply the DC power to the inverter; and
the motor configured to receive the AC power from the inverter to drive the motor,
wherein the system is provided as a vehicle (claim 9).
In regards to claim 11, Application No. 19/048073 claims
A capacitor assembly comprising:
a capacitor including a wound metalized polypropylene film including a central axis, a first end cap on a first end of the wound metalized polypropylene film, and a second end cap on a second end, opposite to the first end, of the wound metalized polypropylene film;
a first connection plate connected to the first end cap and extending substantially perpendicular from the central axis in a first direction; and
a second connection plate connected to the second end cap and extending substantially perpendicular from the central axis in the first direction (claim 12).
In regards to claim 16, Application No. 19/048073 claims
A capacitor assembly for a power converter chassis pocket, the capacitor assembly comprising:
a planar busbar including a first DC busbar and a second DC busbar;
a capacitor on a same side of the first DC busbar and the second DC busbar, the capacitor including:
a metalized polypropylene film wound around a central axis extending in a direction substantially parallel with a longitudinal direction of the planar busbar,
a first end cap on a first end of the metalized polypropylene film, and
a second end cap on a second end of the metalized polypropylene film opposite from the first end;
a first connection plate provided at the first end cap to connect the capacitor to the first DC busbar; and
a second connection plate provided at the second end cap to connect the capacitor to the second DC busbar (claim 17).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP2019033133A – fig. 1 JP2015015380A – fig. 1
JP2010258343A - fig. 1 JP2013219110A – fig. 1
JP2014017405A – fig. 3 JP2012044097A – fig. 2-3
JP2009088174A – fig. 1 JP2011054616A – fig. 2
JP2016197676A – fig. 3 CN114171321A – Zn arc spraying
EP0224733A1 – fig. 1
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID M SINCLAIR whose telephone number is (571)270-5068. The examiner can normally be reached M-TH from 8AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TIMOTHY J DOLE can be reached at (571)272-2229. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/David M Sinclair/Primary Examiner, Art Unit 2847
