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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/17/2026 has been entered.
Information Disclosure Statement
Information Disclosure Statements (IDS) filed on 03/20/2026 was considered. However, all the references listed are direct toward electrical connectors. None of the references relates to the current claim subject mater which direct toward Automatic Transfer Switch (ATS). Therefore, the references are not considered.
Response to Amendment
The Applicant’s Amendment filed on 03/19/2026 in which claims 80 and 95 have been amended, claims 1-79, 85-87, and 100-102 have been canceled and entered of record.
Claims 80-84, 88-99, and 103-109 are presented for examination.
Response to Argument
With respect to section 112(a)
Applicant argues that the current disclosure has support for “wherein the phase angle is indicative of a phase difference between a voltage waveform and a current waveform due to a reactive load, and the phase angle is utilized for timing the switch from the first power source to the second power source at a time corresponding to the zero crossing of the current waveform in the circuit.”. Applicant directs to paragraph [0124] to indicate the disclosure (see Remarks pages 2-3).
In response, the arguments have been carefully considered. However, the Examiner respectfully disagrees. Paragraph [0124] only explains the different in phase angle between voltage waveform and current waveform of a reactive (capacitive or inductive) load and the contacts can be damage by current, not voltage. Therefore, the “method of determining the timing of the relay opening, and it must be based on the current flow instead of the voltage present”. No where in the paragraph discloses “sampling at least one waveform of said first power signal and using a phase angle of the one waveform (should be “the at least one waveform”) to determine when to switch from the first power source to the second power source, wherein both of the first and second power sources are active, wherein the phase angle is indicative of a phase difference between a voltage waveform and a current waveform due to a reactive load, and the phase angle is utilized for timing the switch from the first power source to the second power source at a time corresponding to the zero crossing of the current waveform in the circuit”. In another word, there is no disclosure for measuring an angle indicative of a phase difference between a voltage waveform and a current waveform.
With respect to section 112(b)
Applicant argues that scope of the claimed limitation is clear based on the disclosure of the limitations relating to the rejection under 112(a) above (see Remarks pages 3-4).
The Examiner respectfully disagrees. The disclosure does not have support for the claimed invention as mentioned the response to 112(a) section above.
With respect to section 103
Applicant argues that the rejections under 35 U.S.C. 103 were resort to speculation, unfounded assumptions, or hindsight; and Office Action must demonstrate that each feature recited in the claims is found in the cited art or provide explicit reasoning to support the finding that the features would have been obvious to one of ordinary skill in the art at the time the invention was made (see Remarks pages 5-11).
In response to Applicant's argument that the Examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in any sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the invention was made, and does not include knowledge gleaned only from the Applicant's disclosure, such a reconstruction is proper. In re McLaughlin, 443 F.2d 13 92; 170 USPQ 209 (CCPA 1971).
Applicant further attacking each individual reference that “Ferry does not disclose using a phase angle of one waveform to determine when to switch between a first and second power source” and “Keefe does not cure the deficiencies of Ferry”.
In response to Applicant's piecemeal analysis of the references, it has been held that one cannot show nonobviousness by attacking references individually where, as here, the rejections are based on combinations of references. In re Keller, 208 USPQ 871 (CCPA 1981). In this case, although Ferry does not disclose monitoring phase angle of current waveform and voltage waveform, Keefe clearly teach monitor phase angle of current waveform and voltage waveform and switching off one power source to a load to the load when phase of current waveform crossing zero and turning on another power to a load when voltage waveform crossing zero. It would have been obvious to one of ordinary skill in the art since zero current switching and zero voltage switching is well-known. (Keefe’s Publication date 1992-08-11, which is an indication of the technique is well-known).
Regarding the dependent claims, Applicant’s arguments are related to the rejections of independent claims 80 and 95 above. Therefore, the response is similar to the independent claims.
Claim Objections
Claim(s) 80 and 95 is/are objected to because of the following informalities:
Regarding claim 80, lines 11-12 recite “the one waveform” should be “the at least one waveform”.
Regarding claim 95, lines 11-12 recite “sampling at least the first waveform of said first power signal and using a phase angle of the one waveform”. Since “first waveform” is the only waveform is listed in the claim, the recitation should be “sampling [[at least]] the first waveform of said first power signal and using a phase angle of the [[one]] first waveform”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claim(s) 80-84, 88-99, and 103 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 80, lines 14-18 recite “wherein the phase angle is indicative of a phase difference between a voltage waveform and a current waveform due to a reactive load, and the phase angle is utilized for timing the switch from the first power source to the second power source at a time corresponding to the zero crossing of the current waveform in the circuit”. The disclosure does not have support for these limitations. Paragraph [0124] which Applicant relying upon explains the different in phase angle between voltage waveform and current waveform of a reactive (capacitive or inductive) load and the contacts can be damage by current, not voltage; and “[T]herefore, the “method of determining the timing of the relay opening, and it must be based on the current flow instead of the voltage present”. No where in the paragraph discloses “wherein the phase angle is indicative of a phase difference between a voltage waveform and a current waveform due to a reactive load, and the phase angle is utilized for timing the switch from the first power source to the second power source at a time corresponding to the zero crossing of the current waveform in the circuit”.
Regarding claim 95, lines 14-19 recite “wherein the phase angle is indicative of a phase difference between a voltage waveform and a current waveform due to a reactive load, and the phase angle is utilized for timing the switch from the first power source to the second power source at a time corresponding to the zero crossing of the current waveform in the circuit”. Similar to claim 80, the disclosure does not have support for these limitations. Therefore claim 95 is rejected for the same reason as in claim 80 above.
Regarding dependent claims 81-84, 88-94, 96-99, and 103, the claims are rejected due to the rejections of claims 80 and 95 above.
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.
Claims 80-84, 88-99, and 103 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.
Regarding claim 80, lines 14-18 recite “wherein the phase angle is indicative of a phase difference between a voltage waveform and a current waveform due to a reactive load, and the phase angle is utilized for timing the switch from the first power source to the second power source at a time corresponding to the zero crossing of the current waveform in the circuit”. Since the specification does not disclose the limitations nor provide any advantage for measuring the phase difference between the voltage waveform and the current waveform, the scope of the limitations “the phase angle is indicative of a phase difference between a voltage waveform and a current waveform due to a reactive load, and the phase angle is utilized for timing the switch from the first power source to the second power source” are unclear. Why the phase different is needed when the system only needs to know when the current waveform crossing zero to turning off the switch. Since the disclosure only have support for detecting zero current crossing (“FIG. 4 shows how the ATS monitors current and retrieves data necessary for synchronization of zero crossing using the output current” [0122], “[T]hus, the disconnection must be synchronized with the zero crossing of the current in the circuit” [0123], and “it must be based on the current flow instead of the voltage present”), the limitation will be construed as “wherein the phase angle is indicative of a time corresponding to the zero crossing of the current waveform in the circuit”.
Regarding claim 95, the claim is rejected for the same reason as in claim 80 above.
Regarding dependent claims 81-84, 88-94, 96-99, and 103, the claims are rejected due to the rejections of claims 80 and 95 above.
Claim Rejections - 35 USC § 103
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.
Claim(s) 80-82, 92-93, 95-97, 107 and 108 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ferry et al., US Patent Publication 20040076148; hereinafter “Ferry” in view of Keefe, US Patent 5,138,184; hereinafter “Keefe”.
Regarding claim 80, Ferry discloses an automatic transfer switch (Fig. 1 and Fig. 2) for use in a circuit having reactive power ([0016] motor loads inherently have reactive power), comprising:
a first electrical input (SRC-1) for receiving power from a first power source (700);
a second electrical input (SRC-2) for receiving power from a second power source (800);
an electrical output (output to Switchgear 900) for outputting power to one or more electrical devices (1000);
a power sense (240) [0019] and transfer module (200) for monitoring power delivered by at least one of said first and second electrical inputs [0023] – [0025] and selectively coupling said electrical output to one of said first and second electrical inputs based on said monitoring [0017] – [0028];
a waveform sensor (240, [0021] and [0025] indicate sources 700 and 800 provide Alternating Current (AC) power to the load, since 240 sensing AC power, it considered a waveform sensor) for sensing a first waveform (input of 700 and/or 800) of a first power signal (power output of 700 and/or 800) of one of said first electrical input, said second electrical input [0023] – [0025], and said electrical output by sampling at least one waveform of said first power signal ([0023] – [0025] 240 sense power input from 700 and 800) and using a phase angle of the (at least) one waveform to determine when to switch from the first power source to the second power source, wherein both of the first and second power sources are active [0002] [0005] [0023]-[0026], wherein the phase angle is indicative of a phase difference between a voltage waveform and a current waveform due to a reactive load, and the phase angle is utilized for timing the switch from the first power source to the second power source at a time corresponding to the zero crossing of the current waveform in the circuit; and
a communications output (260) for transmitting an output communications signal indicative of said first waveform to a remote processing platform [0015], [0021].
Ferry does not disclose using a phase angle of the one waveform to determine when to switch between the first and second power source, wherein the phase angle is indicative of a zero crossing of current. Keefe discloses an automatic transfer switch using a phase angle of the one waveform (Column 8, lines 6-30 “the next current zero as detected by ZCD1” indicates zero crossing waveform detection when phase angle is at zero) to determine when to switch between the first and second power source, wherein the phase angle is a zero crossing of current (Column 8, lines 6-30). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ferry to incorporate the teaching of Keefe and use a phase angle of the one waveform to determine when to switch between the first and second power source, wherein the phase angle is indicative of a zero crossing of current. Doing so would prevent damage to any sensitive load since it is well-known in the art using in-phase transfer between two power sources to avoid “arcing or voltage transients and with a minimization of current surges” (Column 3, lines 58-59).
Regarding claim 81, the combination of Ferry and Keefe discloses the automatic transfer switch as set forth in Claim 80, Ferry further discloses said power sense and transfer module is operative to switch between said first and second electrical inputs based on a quality of a power signal delivered via one of said first and second electrical inputs [0023] – [0025].
Regarding claim 82, the combination of Ferry and Keefe discloses the automatic transfer switch as set forth in Claim 80, Ferry further discloses said power sense and transfer module is operative to monitor the power signals delivered via the first and second electrical inputs and to connect one of said first and second electrical inputs to said electrical output based on said monitored power signals [0017] – [0028].
Regarding claim 92, the combination of Ferry and Keefe discloses the automatic transfer switch as set forth in Claim 80, Ferry also discloses the automatic transfer switch further comprising a communications input for receiving an input communications signal (Fig. 1, input from 400 and 500) for use in controlling the operation of said automatic transfer switch [0015].
Regarding claim 93, the combination of Ferry and Keefe discloses the automatic transfer switch as set forth in Claim 80, Ferry also discloses said communications output is further operative for outputting a second communications signal [0015] comprising information concerning a state of one of said automatic transfer switch [0015] - [0016] [0021]and a connected piece of electrical equipment (1000).
Regarding claim 95, Ferry discloses a method for delivering power to electrical devices (Fig. 1 and Fig. 2) for use in a circuit having reactive power ([0016] motor loads inherently have reactive power), comprising:
providing an automatic transfer switch (Fig. 1 and Fig. 2) including a first electrical input (SRC-1) for receiving power from a first power source (700), a second electrical input (SRC-2) for receiving power from a second power source (800), an electrical output (output to Switchgear 900) for outputting power to one or more electrical devices (1000), and a power sense (240) [0019] and transfer module (200) for monitoring power delivered by at least one of said first and second electrical inputs [0023] – [0025] and selectively coupling said electrical output to one of said first and second electrical inputs based on said monitoring [0017] – [0028];
sensing a first waveform (input of 700 and/or 800, 240, [0021] and [0025] indicate sources 700 and 800 provide Alternating Current (AC) power to the load, since 240 sensing AC power, it considered a waveform sensor) of a first power signal of one of said first electrical input, said second electrical input [0023] – [0025], and said electrical output by sampling at least the first waveform of said first power signal ([0023] – [0025] 240 sense power input from 700 and/or 800) and using a phase angle of the first waveform to determine when to switch from the first power source to the second power source, wherein both of the first and second power sources are active [0002] [0005] [0023]-[0026], wherein the phase angle is indicative of a phase difference between a voltage waveform and a current waveform due to a reactive load, and the phase angle is utilized for timing the switch from the first power source to the second power source at a time corresponding to the zero crossing of the current waveform in the circuit; and
transmitting an output communications signal (260) indicative of said first waveform to a remote processing platform [0015], [0021].
Ferry does not disclose using a phase angle of the one waveform to determine when to switch between the first and second power source, wherein the phase angle is indicative of a zero crossing of current. Keefe discloses an automatic transfer switch using a phase angle of the one waveform (Column 8, lines 6-30 “the next current zero as detected by ZCD1” indicates zero crossing waveform detection when phase angle is at zero) to determine when to switch between the first and second power source, wherein the phase angle is a zero crossing of current (Column 8, lines 6-30). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ferry to incorporate the teaching of Keefe and use a phase angle of the one waveform to determine when to switch between the first and second power source, wherein the phase angle is indicative of a zero crossing of current. Doing so would prevent damage to any sensitive load since it is well-known in the art using in-phase transfer between two power sources to avoid “arcing or voltage transients and with a minimization of current surges” (Column 3, lines 58-59).
Regarding claim 96, the combination of Ferry and Keefe discloses the method as set forth in Claim 95 above, Ferry also discloses the method further comprising operating said power sense and transfer module to switch between said first and second electrical inputs based on a quality of a power signal delivered via one of said first and second electrical inputs [0023] – [0025].
Regarding claim 97, the combination of Ferry and Keefe discloses the method as set forth in Claim 95 above, Ferry also discloses the method further comprising operating said power sense and transfer module to monitor the power signals delivered via the first and second electrical inputs and to connect one of said first and second electrical inputs to said electrical output based on said monitored power signals [0017] – [0028].
Regarding claim 107, the combination of Ferry and Keefe discloses the method as set forth in Claim 95 above, Ferry also discloses the method further comprising receiving an input communications signal (Fig. 1, input from 400 and 500) for use in controlling the operation of said automatic transfer switch [0015].
Regarding claim 108, the combination of Ferry and Keefe discloses the method as set forth in Claim 95 above, Ferry also discloses the method further comprising providing a second output communications signal [0015] comprising information concerning a state of one of said automatic transfer switch [0015] - [0016] [0021] and a connected piece of electrical equipment (1000).
Claim(s) 83-84, 88-89, 94, 98-99, 103-104, and 109 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ferry and Keefe in view of Ewing et al., US Patent Publication 2008/0258556; hereinafter “Ewing”.
Regarding claims 83 and 98, the combination of Ferry and Keefe discloses the automatic transfer switch and the method as set forth in Claims 80 and 95 above, the combination of Ferry and Keefe does not disclose the automatic transfer switch further comprising a primary source selector operative to select one of said first and second electrical inputs as a primary input based on a user input. Ewing discloses an automatic transfer switch further comprising a primary source selector operative to select one of said first and second electrical inputs as a primary input based on a user input (Fig. 10, 1010 and 1014 shows 1018 is currently selected as primary power source). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Ferry and Keefe to incorporate the teaching of Ewing and provide a primary source selector operative to select one of said first and second electrical inputs as a primary input based on a user input. Doing so would allow user selecting a solar generator as a primary power source instead of power from the grid to use renewable solar energy instead of fossil fuel which normally used to generate power by the grid.
Regarding claims 84 and 99, the combination of Ferry and Keefe discloses the automatic transfer switch and the method as set forth in Claims 80 and 95, the combination of Ferry and Keefe does not disclose the automatic transfer switch further comprising a primary source selector operative to select one of said first and second electrical inputs as a primary input. Ewing discloses an automatic transfer switch further comprising a primary source selector operative to select one of said first and second electrical inputs as a primary input based on a user input (Fig. 10, 1010 and 1014 shows 1018 is currently selected as primary power source). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Ferry and Keefe to incorporate the teaching of Ewing and provide a primary source selector operative to select one of said first and second electrical inputs as a primary input based on a user input. Doing so would allow user selecting a solar generator as a primary power source instead of power from the grid to use renewable solar energy instead of fossil fuel which normally used to generate power by the grid.
The combination of Ferry, Keefe and Ewing does not explicitly disclose in the embodiment of Fig. 10 that the primary source selector selects said primary input based on a comparison of power signals delivered via said first and second electrical inputs. However, in the embodiment of Fig. 3 which is also an exemplary transfer switch 101 of FIG. 1 [0037], Ewing discloses that “transfer switch may be operated by a user to transfer power sources, such as to use a more stable source or to allow work on one of the power sources”. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to selects said primary input based on a comparison of power signals delivered via said first and second electrical inputs. Doing so would allow to use a more stable source or to allow work on one of the power sources.
Regarding claims 88 and 103, the combination of Ferry and Keefe discloses the automatic transfer switch and the method as set forth in Claims 80 and 95 above, the combination of Ferry and Keefe does not expressly disclose the automatic transfer switch further comprising a power control for controlling power delivery to a first electrical device based at least in part on an input separate from power signals delivered via said first and second electrical inputs. Ewing discloses an automatic transfer switch further comprising a power control (Fig. 1, 180 and Fig. 10, 1010 and 1014) [0097] for controlling power delivery to a first electrical device (Fig. 10, device (load) that connected to outlets 1040) based at least in part on an input (Fig. 1, 180 and Fig. 10, 1010 and 1014) [0097] separate from power signals delivered via said first and second electrical inputs (Fig. 1 180 is separate from inputs 1018 and 1020). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Ferry and Keefe to incorporate the teaching of Ewing and provide a primary source selector comprising a power control for controlling power delivery to a first electrical device based at least in part on an input separate from power signals delivered via said first and second electrical inputs. Doing so would allow user selecting a solar generator as a primary power source instead of power from the grid to use renewable solar energy instead of fossil fuel which normally used to generate power by the grid.
Regarding claims 89 and 104, the combination of Ferry, Keefe and Ewing discloses the automatic transfer switch and the method as set forth in Claims 88 and 103 above, Ewing further discloses said input comprises a user input ([0097] switch 180 required user input).
Regarding claims 94 and 109, the combination of Ferry and Keefe discloses the automatic transfer switch and the method as set forth in Claims 80 and 95 above, the combination of Ferry and Keefe does not expressly disclose a warning indication for providing an indication when a monitored power reaches a predetermined state. Ewing discloses a warning indication for providing an indication when a monitored power reaches a predetermined state (Claim 24). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Ferry and Keefe to incorporate the teaching of Ewing and provide a warning indication for providing an indication when a monitored power reaches a predetermined state. Doing so would allow a person or an operator knowing the condition of the ATS system.
Claim(s) 90, 91, 105 and 106 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ferry, Keefe and Ewing in view of Witter et al., US Patent Publication 20080313006; hereinafter “Witter”.
Regarding claims 90 and 105, the combination of Ferry, Keefe and Ewing discloses the automatic transfer switch and the method as set forth in Claims 88 and 103 above, the combination of Ferry, Keefe and Ewing does not disclose the intended used for the ATS such as having an environmental input from an environmental sensor. Witter discloses an ATS system having an environmental input from an environmental sensor [0021], [0136]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Ferry, Keefe and Ewing to incorporate the teaching of Witter and provide an environmental input from an environmental sensor. Doing so would allow determining whether one power source is capable to supply enough power to the load based on the changing environment and switch to another power source as a main power source that is capable to supply power to the changing environment.
Regarding claims 91 and 106, the combination of Ferry, Keefe and Ewing discloses the automatic transfer switch and the method as set forth in Claims 88 and 103 above, the combination of Ferry, Keefe and Ewing does not disclose input is a processor input from a processor operative for comparing a parameter related to said first electrical device to a threshold. Witter discloses an ATS system having an environmental input from an environmental sensor [0021], [0136] and input is a processor input from a processor operative for comparing a parameter related to said first electrical device to a threshold [0136]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Ferry, Keefe and Ewing to incorporate the teaching of Witter and provide an environmental input from an environmental sensor, and input is a processor input from a processor operative for comparing a parameter related to said first electrical device to a threshold Doing so would allow determining whether one power source is capable to supply enough power to the load based on the changing environment and switch to another power source as a main power source that is capable to supply power to the changing environment. Without a threshold, the processor would not know at which point to control the power delivery to a first electrical device.
Conclusion
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/THAI H TRAN/Examiner, Art Unit 2836
/REXFORD N BARNIE/Supervisory Patent Examiner, Art Unit 2836
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