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 .
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 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 6 and 7, respectively of U.S. Patent No. 12,701,168 (hereinafter the ‘168 patent) in view of Shichino (US 2019/0312462 A1).
The similarities between pending claims 1-4 and claims 1, 2, 6 and 7, respectively, of the ‘168 patent are shown below.
Pending claims: Claims of the ‘168 Patent:
1. A method for transferring wireless power, the method performed by a wireless power transmitter and comprising: transmitting a digital ping to a wireless power receiver; after transmitting the digital ping, receiving a signal strength (SIG) packet from the wireless power receiver; after receiving the SIG packet, receiving a configuration (CFG) packet from the wireless power receiver; after receiving the CFG packet, performing a negotiation phase to negotiate a power transfer contract element; and after performing the negotiation phase, entering a power transfer phase; wherein, in the power transfer phase, a request packet requesting identification information related to the wireless power transmitter is received from the wireless power receiver; and a response packet including the identification information is transmitted to the wireless power receiver in response to the request packet.
1. A method for transferring wireless power, the method performed by a wireless power transmitter and comprising: transmitting a digital ping to a wireless power receiver; after transmitting the digital ping, receiving a signal strength (SIG) packet from the wireless power receiver; after receiving the SIG packet, receiving a configuration (CFG) packet from the wireless power receiver; after receiving the CFG packet, performing a negotiation phase to negotiate a power transfer contract element; and after performing the negotiation phase, entering a power transfer phase; wherein, in the power transfer phase, a request packet requesting a specific packet is received from the wireless power receiver, the specific packet is transmitted to the wireless power receiver in response to the request packet.
2. The method of claim 1, wherein the request packet includes a header value related to the identification information.
2. The method of claim 1, wherein the request packet includes a header value of the specific packet.
3. A wireless power transmitter, comprising: a power converter configured to transfer wireless power to a wireless power receiver by magnetic coupling with the wireless power receiver at an operating frequency; and a controller configured to communicate with the wireless power receiver and to control the transfer of the wireless power, wherein the controller is configured for: transmitting a digital ping to the wireless power receiver; after transmitting the digital ping, receiving a signal strength (SIG) packet from the wireless power receiver; after receiving the SIG packet, receiving a configuration (CFG) packet from the wireless power receiver; after receiving the CFG packet, performing a negotiation phase to negotiate a power transfer contract element; and after performing the negotiation phase, entering a power transfer phase; wherein, in the power transfer phase, a request packet requesting identification information related to the wireless power transmitter is received from the wireless power receiver; and a response packet including the identification information is transmitted to the wireless power receiver in response to the request packet.
6. A wireless power transmitter, comprising: a power converter configured to transfer wireless power to a wireless power receiver by magnetic coupling with the wireless power receiver at an operating frequency; and a controller configured to communicate with the wireless power receiver and to control the transfer of the wireless power, wherein the controller is configured to: transmit a digital ping to the wireless power receiver; after transmitting the digital ping, receive a signal strength (SIG) packet from the wireless power receiver; after receiving the SIG packet, receive a configuration (CFG) packet from the wireless power receiver; after receiving the CFG packet, perform a negotiation phase to negotiate a power transfer contract element; and after performing the negotiation phase, enter a power transfer phase; wherein, in the power transfer phase, a request packet requesting a specific packet is received from the wireless power receiver, the specific packet is transmitted to the wireless power receiver in response to the request packet.
4. The wireless power transmitter of claim 3, wherein the request packet includes a header value related to the identification information.
7. The wireless power transmitter of claim 6, wherein the request packet includes a header value of the specific packet.
Regarding claims 1 and 3, claims 1 and 6 of the ‘168 patent do not claim that the request packet requests identification information related to the wireless power transmitter and that the response packet includes the identification information. Regarding claims 2 and 4, claims 2 and 7 of the ‘168 patent do not claim that the header value is related to the identification information.
Shichino teaches a wireless power transfer system (see Figs. 1-3) where the wireless power transmitter (100) receives a request for an identification packet from the wireless power receiver (200) and, in response, the wireless power transmitter (100) sends the requested packet including identification information to the wireless power receiver (200) (see paras. 0076, 0082, 0122 and 0128).
In view of the teachings of Shichino, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to claim in the ‘168 patent that (regarding claims 1 and 3) that the request packet requests identification information related to the wireless power transmitter and that the response packet includes the identification information and (regarding claims 2 and 4) that the header value is related to the identification information, since this would permit the wireless power receiver to verify that the same wireless power transmitter is present throughout the power transmission phase, which would increase reliability and safety of the system.
Allowable Subject Matter
Claims 1-4 would be allowable over the prior art of record, if the above nonstatutory double patenting rejection is overcome.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the prior art of record fails to teach a method for transferring
wireless power by a wireless power transmitter comprising: transmitting a digital ping
to a wireless power receiver, receiving a signal strength packet from the wireless
power receiver, receiving a configuration packet from the wireless power receiver,
performing a negotiation phase to negotiate a power transfer contract and entering a
power transfer phase, wherein, in the power transfer phase, a request packet requesting identification information related to the wireless power transmitter is received from the wireless power receiver; and a response packet including the identification information is transmitted to the wireless power receiver in response to the request packet; as recited in claim 1.
Claim 2 depends from claim 1 and would be allowable for the same reasons.
Regarding claim 3, the prior art of record fails to teach a wireless power
transmitter comprising a controller configured to: transmit a digital ping to a
wireless power receiver, receive a signal strength packet from the wireless power
receiver, receive a configuration packet from the wireless power receiver, perform a
negotiation phase to negotiate a power transfer contract and enter a power transfer
phase, wherein, in the power transfer phase, a request packet requesting identification information related to the wireless power transmitter is received from the wireless power receiver; and a response packet including the identification information is transmitted to the wireless power receiver in response to the request packet; as recited in claim 3.
Claim 4 depends from claim 3 and would be allowable for the same reasons.
As explained in paragraphs [223]-[232] of the applicant's specification, according
to the conventional Qi standard, in order for a wireless power receiver to
request/receive a desired specific data packet from a wireless power transmitter, the
system must exit the wireless power transfer phase and enter a re-negotiation phase.
Thus, the prior art does not teach the invention as recited in independent claims 1 and 3.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the references cited on the attached PTO-892, which teach wireless power transfer systems and are representative of the state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jared Fureman whose telephone number is (571)272-2391. The examiner can normally be reached M-F 8:30 am - 5:00 pm.
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/JARED FUREMAN/Primary Examiner, Art Unit 2859
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