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 1-2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 of U.S. Patent No. 12,348,058 in view of US 12,374,933.
Claim 1 of this present application vs. Claim 1 of US 12,348,058:
A wireless power transmitter for transferring wireless power to a wireless power receiver, comprising:
A wireless power transmitter for transferring wireless power to a wireless power receiver, comprising:
a power converter configured to transfer the wireless power to the wireless power receiver;
a power converter configured to transfer the wireless power to the wireless power receiver;
and a communicator/controller configured to control the wireless power,
and a communicator/controller configured to control the wireless power,
wherein the wireless power transmitter: receives, from the wireless power receiver,
wherein the wireless power transmitter: receives, from the wireless power receiver,
a Specific Request (SRQ) data packet including information for a slot time,
a Specific Request (SRQ) data packet including information for a slot time,
wherein the slot time is related to a time duration of a slot;
wherein the slot time is related to a time duration of a slot;
forms the slot for stopping the transferring of the wireless power;
forms the slot for stopping the transferring of the wireless power;
and performs a foreign object detection (FOD) during the slot time,
and performs a foreign object detection (FOD) during the slot time.
and wherein the wireless power transmitter receives a control error (CE) data packet from the wireless power receiver.
Absent.
The absent limitation/feature from the primary reference patent is disclosed in Claim 1 of the secondary reference, US 12,374,933. The portion of recitation of claim 1 of US 12,374,933 related to CE data packet is: “wherein the plurality of packets further include at least one of a signal strength packet, a power control hold-off packet, a configuration packet, an identification packet for transmitting receiver identification information, a general request packet, a special request packet, a control error packet, a renegotiation packet, a 24-bit received power packet, an eight-bit received power packet, and a charging status packet”. The control error data packet is one of the data packets for controlling wireless power transfer and therefore, it would have been obvious to one of ordinary skill in the art to include such data packet because such inclusion would have been a mere routine exercise for controlling wireless power transfer.
It is noted that the claim 2 of this application is also rejected based on the same rationale as in claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee (US 2012/0306284) discloses wireless power transfer showing a transmitter and a receiver and controlling and monitoring power transfer using data packets however, no mentioning about foreign object detection or control error data packet.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph Chang whose telephone number is (571)272-1759. The examiner can normally be reached M-F 7:00- 17:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Menatoallah M Youssef can be reached at 571-270-3684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH CHANG/ Primary Examiner, Art Unit 2836
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