CTNF 19/282,105 CTNF 95559 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 11-12 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 11, line 1, the recitation “wherein when the first power delta” lacks proper antecedent basis and it is not clear as to what “the first power delta” is in claim 1. Thus, the metes and bounds cannot be determined, which renders the claim indefinite. In regards to claim 12, line 1, the recitation “wherein when the first power delta” lacks proper antecedent basis and it is not clear as to what “the first power delta” is in claim 1. Thus, the metes and bounds cannot be determined, which renders the claim indefinite. Double Patenting 08-30 AIA 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. 08-31 AIA Claim s 1-19 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim s 1-19 of prior U.S. Patent No. 11,901,758 . This is a statutory double patenting rejection. 08-33 AIA 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. 08-34 AIA Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 20 of U.S. Patent No. 11901758 . Although the claims at issue are not identical, they are not patentably distinct from each other because of the following: Application: 19/282,105 US 11,901,758 Claim 20: A non-transitory computer readable medium comprising computer- executable instructions, which, when executed by one or more processors associated with a first DC/DC converter electrically coupled with a first battery, cause the one or more processors to: receive one or more bias commands indicating a shift in a power share of the first DC/DC converter to meet a total power demand on a power bus, the one or more bias commands being determined based at least in part on a state-of-charge of the first battery, a state-of charge of a second battery electrically coupled with a second DC/DC converter, and one or more constraints associated with the first battery, the second battery, the first DC/DC converter, and the second DC/DC converter, wherein the first DC/DC converter and the second DC/DC converter are electrically coupled with the power bus; adjust a first voltage setpoint associated with the first DC/DC converter to a first adjusted voltage setpoint based at least in part on the one or more bias commands so as to change the power share of the first DC/DC converter; and6 control the first DC/DC converter based at least in part on the first adjusted voltage setpoint. Claim 20: A non-transitory computer readable medium comprising computer-executable instructions, which, when executed by one or more processors associated with a first DC/DC converter electrically coupled with a first battery, cause the one or more processors to: receive one or more bias commands indicating a shift in a power share of the first DC/DC converter to meet a total power demand on a power bus, the one or more bias commands being determined based at least in part on a state-of-charge of the first battery, a state-of-charge of a second battery electrically coupled with a second DC/DC converter, and one or more constraints associated with the first battery, the second battery, the first DC/DC converter, and the second DC/DC converter, wherein the first DC/DC converter and the second DC/DC converter are electrically coupled with the power bus; adjust a first voltage setpoint associated with the first DC/DC converter to a first adjusted voltage setpoint based at least in part on the one or more bias commands so as to change the power share of the first DC/DC converter; control the first DC/DC converter based at least in part on the first adjusted voltage setpoint; adjust a second voltage setpoint associated with the second DC/DC converter to a second adjusted voltage setpoint based at least in part on the one or more bias commands; and control the second DC/DC converter based at least in part on the second adjusted voltage setpoint . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kawamura et al. (US 2017/0282745 A1); discloses A power supply apparatus includes a first and second electric storage sections, a charge/discharge circuit performing charge/discharge between the first and second storage sections, and a control section controlling the charge/discharge circuit. The control section sets at least one of the first and second storage sections as a target storage section, acquires a target SOC and a target OCV which are respectively a charge rate and an open-end voltage of the target storage section, collects, by using charge transfer between the first and second storage sections, data including the target SOC and the target OCV in an order based on a collection rule determined by collected data and the target SOC, the collected data being an aggregation of the data which is collected, and estimates correlation information between an SOC and an OCV of the target storage section based on a plurality of the data. Jeon et al. (US 2018/0062403 A1); discloses a slave battery management apparatus includes a sensor configured to sense a physical quantity of a battery; a voltage converter configured to receive an output physical quantity from the battery, to convert the output physical quantity into an operating physical quantity corresponding to a physical quantity to operate a controller, and to output the operating physical quantity to the controller; and a controller configured to use the operating physical quantity as an operating power and to transmit battery data by using the operating physical quantity, wherein the battery data is generated based on the sensed physical quantity. Yamada et al. (US 2015/0311831 A1); discloses a power supply device for supplying power to a load by combining a secondary battery and a capacitor includes a bypass switch which enables power to be directly supplied to the load from the capacitor by being switched to a connected state when a voltage of the capacitor is a voltage capable of driving the load, and a first DC-DC converter which enables the voltage of the capacitor to be stepped up and supplied to the load when the voltage of the capacitor drops below a minimum voltage capable of driving the load. Wilhide et al. (US 2020/0127568 A1); discloses an energy storage module (ESM) assembly, ESM and method of balancing current flow on a direct current bus are provided. The ESM assembly includes a bidirectional DC-DC converter, an ESM having first and second energy cell strings connected in parallel relative to one another and configured to be connected to respective inputs of the bidirectional DC-DC converter. The ESM is configured to absorb current from the bidirectional DC-DC converter when the bidirectional DC-DC converter is operated in a buck mode. The ESM is configured to source current to the bidirectional DC-DC converter when the bidirectional DC-DC converter is operated in a boost mode. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX WONG LAM whose telephone number is (571)272-3409. The examiner can normally be reached Mon-Fri 7:30-5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Regis Betsch can be reached at (571)-270-7101. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ALEX W LAM/Examiner, Art Unit 2836 Application/Control Number: 19/282,105 Page 2 Art Unit: 2836 Application/Control Number: 19/282,105 Page 3 Art Unit: 2836 Application/Control Number: 19/282,105 Page 4 Art Unit: 2836 Application/Control Number: 19/282,105 Page 5 Art Unit: 2836 Application/Control Number: 19/282,105 Page 6 Art Unit: 2836 Application/Control Number: 19/282,105 Page 7 Art Unit: 2836 Application/Control Number: 19/282,105 Page 8 Art Unit: 2836 Application/Control Number: 19/282,105 Page 9 Art Unit: 2836 Application/Control Number: 19/282,105 Page 10 Art Unit: 2836 Application/Control Number: 19/282,105 Page 11 Art Unit: 2836
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