DETAILED ACTION
Status of the Application
This office action is a non-final rejection in response to the filing of the applicant’s response to the election / restriction requirement on 05/29/2026. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Species F (Claims 1 and 6-11) in the reply filed on 05/29/2026 is acknowledged. As part of applicant’s response, claims 2-5 has been withdrawn and claims 12-16 has been cancelled by the applicant.
Claim Rejections - 35 USC § 102
3. 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.
4. 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.
5. Claims 1,6,8-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al, US PG-Publication (US 2023/0147551 A1).
Regarding claim 1, Chen et al discloses a multiplexing circuit of an inverter (see Figs 5,8-14), comprising: an inverter (10) configured to connect a first power supply (P,O,N, see Fig 8) and a motor (20) of a vehicle (see Figs 8-14 and par. [0008]-[0009],[0031]-[0032]), or
configured to connect the first power supply and a second power supply (since the claim language provides an “or”, therefore is alternative limitations and not required in the claim); and
a transformer (T1) configured to connect the first power supply (P,O,N, Fig 8) and the inverter (10) when the inverter connects the first power supply and the second power supply (since this is part of the alternative limitation previously claimed above, therefore this limitation is optional and is not required in the claim),
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in addition, while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997) (The absence of a disclosure in a prior art reference relating to function did not defeat the Board's finding of anticipation of claimed apparatus because the limitations at issue were found to be inherent in the prior art reference); see also In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). "Apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). (see MPEP 2114).
Furthermore, it has been held that a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Exparte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). (See MPEP 2114)).
Regarding claim 6, Chen et al discloses the circuit according to claim 1, wherein the inverter (10) comprises: a second capacitor (C1) and a third capacitor (C2), wherein the second capacitor (C1) and the third capacitor (C2) are connected in series and then connected in parallel with the first power supply (P,O,N, Fig 8; see par. [0085]-[0100]); and
a second group of transistors, including a fifth transistor, a sixth transistor, a seventh transistor, and an eighth transistor, wherein a first end of the fifth transistor is connected between the second capacitor (C1) and the third capacitor (C2), a second end is connected to a first end of the sixth transistor and forms a backward connection with the sixth transistor, a second end of the sixth transistor is connected between the seventh transistor and the eighth transistor, and the sixth transistor, the seventh transistor, and the eighth transistor are simultaneously connected to an input of the motor (see Fig 5,8-14, par. [0085]-[0100], also see Fig 5 reproduced below disclosing the transistor connections between the power source and the plurality of transistors connected in the power conversion circuit 101).
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.
Regarding claim 8, Chen et al discloses circuit according to claim 1, further comprising: a first group of switches (see Fig 5 and 8 disclosing the plural switches within power conversion 101) connected between the first power supply (P,O,N, Fig 8; par. [0085]-[0100]) and the motor (20); and a second group of switches connected between the first power supply and the second power supply (since this is part of the alternative limitation previously claimed above, therefore this limitation is optional and is not required in the claim),
wherein: when the first group of switches is turned on and the second group of switches is turned off, the inverter (20) connects the first power supply (P,O,N, Fig 8, par. [0085]-[0100]) and the motor (20) (see Figs 5, 8-14), and when the first group of switches is turned off and the second group of switches is turned on, the inverter connects the first power supply and the second power supply (since this is part of the alternative limitation previously claimed above, therefore this limitation is optional and is not required in the claim).
Regarding claim 9, Chen et al discloses circuit according to claim 8, wherein the first group of switches comprises: a first switch connected between the first power supply (P,O,N, Fig 8; par. [0085]-[0100]) and the inverter (10); and at least three second switches connected between the inverter (10) and the motor (20) and the number of second switches that are turned on is determined based on the number of inputs of the motor (20) (see Fig 5,8-14, also see Fig 5 reproduced below disclosing the transistor connections between the power source and the plurality of transistors connected in the power conversion circuit 101).
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Regarding claim 10, Chen et al discloses circuit according to claim 9, wherein the second group of switches comprises: at least three third switches connected between the second power supply and the inverter (10) and the number of third switches that are turned is determined based on the number of outputs of the second power supply (since this is part of the alternative limitation previously claimed above, therefore this limitation is optional and is not required in the claim); and a fourth switch connected between the transformer (T1) and the first power supply (P,O,N, Fig 8; par. [0085]-[0100]) (see Fig 5,8-14, also see Fig 5 reproduced below disclosing the transistor connections between the power source and the plurality of transistors connected in the power conversion circuit 101).
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Regarding claim 11, Chen et al discloses circuit according to claim 10, wherein: when the first switch (Fig 5) and the third switch (Fig 5) are turned on and the second switch (Fig 5) and the fourth switch (Fig 5) are turned off (see Fig 5,8, par. [0080],[0119]), the inverter (10) is further configured to invert the current output by the first power supply (P,O,N, Fig 8) so that the inverted current is suitable for an external device (for the limitation underlined above (“so that …”) it has been held that a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Exparte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). (See MPEP 2114)); and
when the second switch (Fig 5) and the fourth switch (Fig 5) are turned on and the first switch (Fig 5) and the third switch (Fig 5) are turned off (see Fig 5,8, par. [0080],[0119]), the inverter (10) is further configured to correct the power output by the motor (20) and the transformer (T1) is further configured to transform the voltage corrected by the inverter (10) to obtain a voltage suitable for the first power supply (P,O,N, Fig 8) (see Fig 5,8-14, also see Fig 5 reproduced below disclosing the transistor connections between the power source and the plurality of transistors connected in the power conversion circuit 101).
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Claim Rejections - 35 USC § 103
6. 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 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.
7. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al, US PG-Publication (US 2023/0147551 A1) in view of Prasad et al US PG-Publication (2022/0302867 A1).
Regarding claim 7, Chen et al discloses circuit according to claim 6;
Chen et al does not clearly discloses wherein the inverter further comprises: a second inductor connected between the second group of transistors and the motor and configured to adjust an instantaneous current flowing from the second group of transistors into the motor.
However, Prasad et al is an analogous art pertinent to the problem to be solved in this application in which discloses an electrical system having boost converter functionality (see Figs 1-4) and also discloses an electrical system (100) including wherein the inverter (162) further comprises: a second inductor (166,167) connected between the second group of transistors (S1-S6) and the motor (114) and configured to adjust an instantaneous current flowing from the second group of transistors (S1-S6) into the motor (114) (see Figs 1-4 and par. [0047]-[0055]);
Thus, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify Chen et al with the teaching of Prasad et al by including wherein the inverter further comprises: a second inductor connected between the second group of transistors and the motor and configured to adjust an instantaneous current flowing from the second group of transistors into the motor in order to provide three-phase current to create a rotating magnetic field to rotate a rotor of the traction motor (see Prasad et al, par. [0048]).
Examiner Note
8. The examiner cites particular columns and lines numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the cited prior art in the PTO-892 form attached.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFONSO PEREZ BORROTO whose telephone number is (571) 270-1714. The examiner can normally be reached on M-F (9am-4pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Taelor Kim can be reached on (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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USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ALFONSO PEREZ BORROTO/
Primary Examiner, Art Unit 2836
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