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 .
Response to Amendment
The Applicant’s Amendment filed on 01/22/2026 in which claims 80 and 95 have been amended, claims 1-79 have been canceled and entered of record.
Claims 80-109 are presented for examination.
Response to Argument
Applicant's arguments filed on 01/22/2026 with respect to claims 80-109 have been considered but are not persuasive. Please see response below.
The Applicant argues with respect to independent claims 80 and 95 rejections under U.S.C. 35 § 112(a) and U.S.C. 35 § 112(b) that the current disclosure adequately described the claimed limitation “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 phase difference between an actual voltage zero crossing and a zero crossing of current” in para. [0124].
The arguments have been fully considered. However, the Examiner respectfully disagrees. The paragraph merely explained the common knowledge in the art that the phase angle between the current and voltage can be different due to capacitive or inductive load, and the relay contacts can be damaged by current not voltage. Therefore, the switching “must be based on the current flow instead of the voltage present”. No where in the current disclosure has support for the claim limitation “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 phase difference between an actual voltage zero crossing and a zero crossing of current”.
Claim 95 had similar limitation. Therefore, similar responses are applied.
Dependent claims 81-94 and 96-109 are rejected due to the rejections of claims 80 and 95 above.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 80-109 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 10-13 recite “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 phase difference between an actual voltage zero crossing and a zero crossing of current”. While the current disclosure has support for “using a phase angle of the one waveform to determine when to switch between the first and second power source” (e.g. switching between power sources when the phase angle of current crossing zero). However, the current disclosure does not have support for “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 phase difference between an actual voltage zero crossing and a zero crossing of current”.
Regarding claim 95, the claim is rejected for the same reason as claim 80 above.
Regarding dependent claims 81-94 and 96-109, 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.
Claim(s) 80-109 is/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 10-13 recite “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 phase difference between an actual voltage zero crossing and a zero crossing of current”. The scope of the limitation is unclear. Does the switching between the power sources due to a preferred power source failure or reactive power caused by the load that make the phases different between the current waveform and the voltage waveform? For examination purpose, the limitation will be construed as “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 phase of a zero crossing of current” since the current disclosure only has support for switching to second power source when a preferred power source failed [0123], and the switching when the phase of the current is at zero [0124].
Regarding claim 95, the claim is rejected for the same reason as claim 80 above.
Regarding dependent claims 81-94 and 96-109, 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 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], the phase angle is indicative of a phase difference between an actual voltage zero crossing and a zero crossing of current and the phase angle is utilized for timing the switch at a time corresponding to the zero crossing of the current; 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 phase difference between an actual voltage zero crossing and a zero crossing of current. Keefe discloses an automatic transfer switch 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 phase difference between an actual voltage zero crossing and 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 phase difference between an actual voltage zero crossing and 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 transient voltages, inrush currents and could damage equipment (Column 3 lines 30-35).
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], the phase angle is indicative of a phase difference between an actual voltage zero crossing and a zero crossing of current and the phase angle is utilized for timing the switch at a time corresponding to the zero crossing of the current; 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. Keefe discloses an automatic transfer switch 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 phase difference between an actual voltage zero crossing and 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 phase difference between an actual voltage zero crossing and 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 transient voltages and inrush currents.
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) 83-89, 94, 98-104 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 85 and 100, 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 said power sense and transfer module includes a first relay between said first electrical input and said electrical output, and a first solid state switch between said first electrical input and said electrical output, each of said first relay and said first solid-state switch being operative for at least one of connecting and disconnecting ("cycling") said first electrical input and said electrical output.
Ewing discloses an automatic transfer switch includes a first relay (Fig. 13A, 1308B) between said first electrical input (Fig. 13A, 1302A-B) and said electrical output (Fig. 13A, 1303A-B), and a first solid state switch (Fig. 13A, 1306C-D) between said first electrical input (Fig. 13A, 1302A-B) and said electrical output (Fig. 13A, 1303A-B), each of said first relay and said first solid-state switch being operative for at least one of connecting and disconnecting ("cycling") said first electrical input and said electrical output [0116] – [0119]. 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 first relay between said first electrical input and said electrical output, and a first solid state switch between said first electrical input and said electrical output, each of said first relay and said first solid-state switch being operative for at least one of connecting and disconnecting ("cycling") said first electrical input and said electrical output. Doing so would allow using the solid state relay to provide an initial connecting/disconnecting the power sources since the solid state relay usually come with zero switching feature but has higher contact resistance, and use the mechanical relay to make contact after the solid state relay has been closed since the mechanical relay has much less contact resistance. This solid state relay and mechanical relay technique is well-known in the art.
Regarding claims 86 and 101, the combination of Ferry, Keefe and Ewing discloses the automatic transfer switch and the method as set forth in Claims 85 and 100 above, Ewing further discloses said power sense and transfer module includes a second relay (Fig. 13A, 1308A) between said second electrical input (Fig. 13A, 1304A-B) and said electrical output (Fig. 13A, 1303A-B), and a second solid-state switch (Fig. 13A, 1306A-B) between said second electrical input (Fig. 13A, 1304A-B) and said electrical output (Fig. 13A, 1303A-B), each of said second relay and said second solid-state switch being operative for cycling said second electrical input and said electrical output [0116] – [0119].
Regarding claims 87 and 102, the combination of Ferry and Ewing discloses the automatic transfer switch and the method as set forth in Claims 88 and 103 above, Keefe also discloses zero switching detecting circuit for turning on a solid state relay (Column 8, lines 6-30).
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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAI H TRAN whose telephone number is (571)270-0668. The examiner can normally be reached M - F 8:30 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rexford Barney can be reached at 571-272-7492. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THAI H TRAN/Examiner, Art Unit 2836
/REXFORD N BARNIE/Supervisory Patent Examiner, Art Unit 2836
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