DETAILED ACTION
This action is in response to the application filed on 2/18/2025.
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 non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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 e-Terminal Disclaimer may be filled out completely online using web-screens. An e-Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e-Terminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12237758. Although the claims at issue are not identical, they are not patentably distinct from each other because: Claim 1 of the instant application states: a multi-phase constant-on-time (COT) system, the system comprising: a first point-of-load converter configured to provide a first current; a second point-of-load converter configured to provide a second current; and a bus configured to exchange information between the first point-of-load converter and the second point-of-load converter, wherein the information includes a first digital data from the first point-of-load converter and a second digital data from the second point-of-load converter, the first digital data including a first value associated with the first current, the second digital data including a second value associated with the second current. Claim 1 of US Patent 12237758 states: a multi-phase constant-on-time (COT) system, the system comprising: a first point-of-load converter configured to provide a first current; a second point-of-load converter configured to provide a second current; and a bus configured to exchange information between the first point-of-load converter and the second point-of-load converter, wherein the information includes a first digital data from the first point-of-load converter and a second digital data from the second point-of-load converter, the first digital data including a first value associated with the first current, the second digital data including a second value associated with the second current, wherein the first digital data includes a third value and the second digital data includes a fourth value, and wherein the first point-of-load converter and the second point-of-load converter alternately provide the first current and the second current based on the third value and the fourth value.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heineman et al. (US Patent 8638081). Regarding claim 1, Heineman et al. discloses (see fig. 7) a multi-phase constant-on-time (COT) system, the system comprising: a first point-of-load converter (102) configured to provide a first current (current information from 102); a second point-of-load converter (104) configured to provide a second current (current information from 104); and a bus (120) configured to exchange information between the first point-of-load converter and the second point-of-load converter (connection of 120 to 102 and 104, wherein the information includes a first digital data from the first point-of-load converter (digital current information from 102) and a second digital data from the second point-of-load converter (digital current information from 104), the first digital data including a first value associated with the first current (digital current information from 102), the second digital data including a second value associated with the second current (digital current information from 104. See column 7 line 42-column 8 line 14).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY A GBLENDE whose telephone number is (571)270-5472. The examiner can normally be reached M-F 9am-5pm.
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/JEFFREY A GBLENDE/Primary Examiner, Art Unit 2838
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