Prosecution Insights
Last updated: April 19, 2026
Application No. 17/767,015

ELECTRIC DEVICE FOR ENERGY CONTROL

Final Rejection §103
Filed
Sep 01, 2022
Examiner
HERNANDEZ, MANUEL J
Art Unit
2859
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Qovoltis
OA Round
2 (Final)
51%
Grant Probability
Moderate
3-4
OA Rounds
3y 8m
To Grant
96%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allow Rate
335 granted / 658 resolved
-17.1% vs TC avg
Strong +45% interview lift
Without
With
+45.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
76 currently pending
Career history
734
Total Applications
across all art units

Statute-Specific Performance

§101
4.0%
-36.0% vs TC avg
§103
54.1%
+14.1% vs TC avg
§102
23.7%
-16.3% vs TC avg
§112
17.0%
-23.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 658 resolved cases

Office Action

§103
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 Arguments Applicant's arguments filed 12/15/2025 have been fully considered but they are not persuasive. In response to arguments on pages 11-12 of the remarks that the references do not disclose measuring current/voltage downstream or at an output of the electric meter, secondary reference SCARDOVI clearly discloses measuring current “downstream” of the electric meter 4 as shown in Fig. 5. Similarly providing the voltage measurement “at a power output” of the electric meter would be obvious to one of ordinary skill in the art, as there would not be a substantial voltage drop across the electric meter, and as such taking voltage measurements before or after the meter would not produce a significant difference. It is therefore maintained that measuring “an electric voltage at a power output” of the electric meter would be an obvious modification. In response to arguments on pages 12-13 of the remarks that the teaching of secondary reference BROMBACH “would have led the person skilled in the art to perform an electric device with less accurate adaption of power compared to the subject matter of claim 1”, Applicant's arguments do not specifically point out how the language of the claims patentably distinguishes them from the references, and do not convincingly explain why BROMBACH does not disclose “calculating a difference in information of electric power consumed” and “outputting a message”. It is submitted that BROMBACH teaches said recitations within the broadest reasonable interpretation of the claim language. It is therefore maintained that ZHU as modified by SCARDOVI and BROMBACH teaches the electric device for energy control as described in the rejection of claim 1 below. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “with respect to claim 7, the combination of features of claim 1 with features of claim 7 allow the electric device to maintain the same frequency of query. This combination thus allows the electric device to support any kind of meter”, page 13 of remarks) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In response to applicant's arguments on page 14 of the remarks that secondary reference HARDY is not compatible with primary reference ZHU, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In this case, secondary reference HARDY is relied upon to teach a frequency used in power measurement applications is a result effective variable. Providing the recited frequency would be a matter of routine optimization, resulting in predictable variations of the prior art, and would not provide new or unexpected results. It is therefore maintained that ZHU as modified by SCARDOVI, BROMBACH, and HARDY teaches the electric device as described in the rejection of claim 7 below. Drawings The drawings were received on 12/15/2025. These drawings are acceptable. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1-6, 8-11, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZHU (US PG Pub 2019/0389315; cited in previous office action) in view of SCARDOVI (WO2013179182A2; cited in previous office action) and BROMBACH (US PG Pub 2020/0130527; cited in previous office action). Regarding claim 1, ZHU discloses an electric device (114, Fig. 1) for energy control comprising: a measuring device (118, Fig. 1) comprising: a current sensor configured to measure an electric current (¶ 0049: total current and voltage received by the electricity demand center is monitored in real-time by the load monitor 118) of a low-voltage electric meter (¶ 0045: electricity meters at the input main 102; ¶ 0048 and 0050 disclose circuits connected to the meter being regular electrical outlets, which are known as being “low-voltage”), a voltage sensor configured to measure an electric voltage at the low-voltage electric meter (¶ 0049: total current and voltage received by the electricity demand center is monitored in real-time by the load monitor 118), and a power calculation unit (part of 118, Fig. 1) receiving current information from the current sensor and voltage information from the voltage sensor, and being configured to calculate electric power consumed at the power output of the electric meter (¶ 0067: the charging facility management device 114 includes a grid monitor 118 (including voltage and/or current sensors) that is connected between the input main 102 and the grid 104. The total power that goes into the electricity demand center is monitored in real-time by the grid monitor 118. The grid monitor 118 senses the real-time current and voltage of the power lines going into the electricity demand center from the grid 104); and a control member (120, Fig. 1): receiving information of the electric power consumed from the power calculation unit (¶ 0049: the grid monitor 118 provides the input data for the charging control module 120 to determine how much power should be delivered to the second set of circuits 112 as a whole, and how to distribute the power among the different vehicles 124 that are being charged), outputting a message containing a power value (¶ 0117: an electronic device having one or more processors and memory (e.g., the charging facility management device 114, FIGS. 1, 6)…. monitors and controls the output power on the second set of circuits by providing instructions to the charging stations 116) to a terminal for recharging an electrical energy storage battery (116, Fig. 1), the recharging terminal being remote from the measuring device and the control member (as shown in Fig. 1; ¶ 0049: the grid monitor 118 is installed between the grid 104 and the input main 102 of the electricity demand center; ¶ 0050: the control module 120 of the charging facility management device 114 includes a central control module located in proximity to the grid monitor 118, and a plurality of individual control modules distributed at various charging stations 116 at the electricity demand center). ZHU fails to disclose the current sensor configured to measure an electric current downstream of a low-voltage electric meter; the voltage sensor configured to measure an electric voltage at a power output of the low-voltage electric meter; and the power calculation unit being configured to calculate electric power consumed at the power output of the electric meter. SCARDOVI discloses a current sensor (3, Fig. 5) configured to measure an electric current downstream of a low-voltage electric meter (4, Fig. 5; abstract: an amperometric detector (3) fitted downstream of the energy meter (4); pg. 4, ll. 22-24: control and management unit 1 comprises an amperometric detector or current sensor 3 fitted downstream of the energy meter 4 installed by the electricity utility supplier). One of ordinary skill in the art would recognize measuring the electric current and voltage either upstream/before or downstream/after the electric meter would provide a measure of the electricity at the electric meter and would essentially be equivalent. It would therefore be obvious to measure an electric voltage at a power output of the low-voltage electric meter; and it would also be obvious to calculate electric power consumed at the power output of the electric meter, i.e., by utilizing the downstream current and voltage measurements. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include measuring the electric current downstream of the low-voltage electric meter, measuring the electric voltage at the power output of the low-voltage electric meter, and calculating the electric power consumed at the power output of the electric meter in order to provide more convenient placements of the current sensor and the voltage sensor; and/or to provide more accurate power measurement by eliminating any voltage drops at the electric meter from the voltage measurements. ZHU fails to disclose calculating a difference between said information of electric power consumed and a preceding value, comparing an absolute value of said difference with a threshold, in case of the absolute value of said difference being less than the threshold remaining idle and in case of the absolute value of said difference being greater than the threshold outputting a message containing a power value to a terminal for recharging an electrical energy storage battery, said preceding value being a power value of previously calculated electric power consumed at the power output of the electric meter by the power calculation unit. However, one of ordinary skill in the art would recognize outputting a message containing a power value to a terminal for recharging based on the difference between said information of electric power consumed and a power value of previously calculated electric power serves to limit the change in the electric power consumed. Primary reference ZHU discloses limiting the change in the electric power consumed (¶ 0061: the charging facility management device imposes constraints on how quickly charging power should change); and BROMBACH discloses calculating a difference in information of electric power consumed, and in case of an absolute value of said difference being greater than a threshold outputting a message containing a power value to a terminal for recharging an electrical energy storage battery, said preceding value being a power value of previously calculated electric power consumed at the power output of the electric meter by the power calculation unit (¶ 0052: a power change limit of this type to be achieved, if necessary, by a correspondingly appropriate total control of all charging poles of charging stations. In particular, a high power peak can be prevented by avoiding a situation in which a plurality of charging procedures, in particular fast-charging procedures, start simultaneously for a plurality of cars; ¶ 0054: additionally required or less required power, in particular caused by the limiting of the speed of change of the removed power, is provided or taken….by varying the charging power of the electric cars to be charged in each case; ¶ 0120: the grid controller 432 can, for example, also specify limit values. Such limit values may, for example, mean a maximum active power removal for the charging station 400, or a gradient limitation for the maximum change in an active power removal). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include outputting a message containing a power value to a terminal for recharging based on the difference between said information of electric power consumed and a preceding value as recited in order to help maintain power stability and reliability by avoiding sudden/rapid changes in power output which could lead to voltage fluctuations, frequency instability, and/or blackouts. Regarding claim 2, ZHU discloses the measuring device and the control member have a common housing (¶ 0048, 0067, 0070: measuring member 118 and control member 120 are disclosed as part of device 114, and are therefore implied as having a common housing). Regarding claim 3, ZHU discloses the control member comprises a communication member configured to establish a link at least one-way to the recharging terminal (¶ 0048, 0117). Regarding claim 4, ZHU discloses the recharging terminal is configured to receive said message and adapt its energy consumption to a difference between a contract power and the power value contained in said message (¶ 0045-0049, 0117). Regarding claim 5, ZHU discloses a slave recharging terminal is controlled by said control member (¶ 0048). Regarding claim 6, ZHU as modified by SCARDOVI and BROMBACH teaches the device as applied to claim 1, but fails to disclose said threshold is greater than or equal to 1% of a contract power. However, BROMBACH discloses the threshold as a result effective variable (¶ 0052, 0054, 0120), and it would have been obvious to one having ordinary skill in the art to provide said threshold as greater than or equal to 1% of a contract power, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Please note that the instant application does not disclose any criticality for the claimed limitation(s). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the threshold as recited in order to help maintain power stability and reliability by avoiding sudden/rapid changes in power output which could lead to voltage fluctuations, frequency instability, and/or blackouts. Regarding claim 8, ZHU as modified by SCARDOVI and BROMBACH teaches the device as applied to claim 1, but fails to disclose said message is output at a frequency at least 10 times less than a frequency for comparing the absolute value of said difference with said threshold. However, ZHU discloses a frequency for outputting a message containing a power value to a terminal for recharging to be a result effective variable (¶ 0057, 0061), and it would have been obvious to one having ordinary skill in the art to provide said message is output at the recited frequency, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Please note that the instant application does not disclose any criticality for the claimed limitation(s). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include said message is output at the frequency as recited in order to help maintain power stability and reliability by avoiding sudden/rapid changes in power output which could lead to voltage fluctuations, frequency instability, and/or blackouts. Regarding claim 9, ZHU discloses the calculation of the difference between a contract power and the power value is performed by the control member, the new power at which the charger must operate being transmitted to said charger (¶ 0045-0049, 0117). Regarding claim 10, ZHU discloses a communication with a central server controlling by default the charger is established by the control member (¶ 0073, 0122, 0130, 0135). Regarding claim 11, ZHU discloses the control member is configured to output a message containing a power value to each terminal for recharging an electrical energy storage battery connected to said device, each recharging terminal being remote from the measuring device and the control member, said preceding value being said power value contained in the preceding message (¶ 0045-0049, 0117). Regarding claim 14, ZHU discloses the electric device for energy control is devoid of communication link with the electric meter (¶ 0045). Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZHU in view of SCARDOVI and BROMBACH as applied to claims 1-6, 8-11, and 14 above, and further in view of HARDY (US PG Pub 2015/0346288; cited in previous office action). Regarding claim 7, ZHU as modified by SCARDOVI and BROMBACH teaches the device as applied to claim 1, but fails to disclose a frequency for comparing the absolute value of said difference with said threshold is less than or equal to 100 Hz. HARDY discloses a frequency for monitoring output power being a result effective variable (¶ 0060), and it would have been obvious to one having ordinary skill in the art to provide the frequency as less than or equal to 100 Hz, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Please note that the instant application does not disclose any criticality for the claimed limitation(s). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the frequency for comparing the absolute value of said difference with said threshold as recited in order to ensure the electric device for energy control can effectively respond to power changes in the system. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZHU in view of SCARDOVI and BROMBACH as applied to claims 1-6, 8-11, and 14 above, and further in view of FORBES (US PG Pub 2014/0018969; cited in previous office action). Regarding claim 12, ZHU as modified by SCARDOVI and BROMBACH teaches the device as applied to claim 1, but fails to disclose the electric device for energy control implements artificial intelligence functions configured to optimize the distribution of powers in the case of simultaneous management of a plurality of recharging terminals. FORBES discloses the electric device for energy control implements artificial intelligence functions configured to optimize the distribution of powers in the case of simultaneous management of a plurality of recharging terminals (¶ 0093, 0242-0243). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the electric device for energy control implements artificial intelligence functions as recited in order to optimize energy usage, enhance reliability, and improve the overall efficiency of the energy control. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZHU in view of SCARDOVI and BROMBACH as applied to claims 1-6, 8-11, and 14 above, and further in view of JERPHAGNON (US PG Pub 2013/0338845; cited in previous office action). Regarding claim 13, ZHU as modified by SCARDOVI and BROMBACH teaches the device as applied to claim 1, but fails to disclose the electric device for energy control comprises a charge distribution member between phases of a three-phase low-voltage electric meter. JERPHAGNON discloses a charge distribution member between phases of a three-phase low-voltage electric meter (¶ 0077, 0104). It would be obvious to utilize the charge distribution member of JERPHAGNON in the electric device for energy control of ZHU. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the charge distribution member as recited in order to utilize the known advantages of three phase power over single phase power, such as greater efficiency, ability to handle higher loads, and consistent power delivery. 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 MANUEL HERNANDEZ whose telephone number is (571)270-7916. The examiner can normally be reached Monday-Friday 9a-5p ET. 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, Taelor Kim can be reached at (571) 270-7166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Manuel Hernandez/Examiner, Art Unit 2859 3/22/2026 /TAELOR KIM/Supervisory Patent Examiner, Art Unit 2859
Read full office action

Prosecution Timeline

Sep 01, 2022
Application Filed
Jun 07, 2025
Non-Final Rejection — §103
Dec 15, 2025
Response Filed
Mar 21, 2026
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
51%
Grant Probability
96%
With Interview (+45.4%)
3y 8m
Median Time to Grant
Moderate
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