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 .
Election/Restrictions
Newly submitted amended claims 1-10 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
The invention originally claimed by claims 1-10 were directed to a method to prevent a surround noise. However, the newly submitted invention claimed by the amended claims 1-10 are directed to a method of self-setting a Wearable Hearing Device in response to environmental sound.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 1-10 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Response to Arguments
Applicant’s arguments with respect to claim(s) 11-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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) 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elberbaum (US9541911B2), hereafter referred to as Elberbaum 911, in view of Elberbaum (US10225005B1), hereinafter referred to as Elberbaum 005.
Regarding claim 11, Elberbaum 911 discloses A structurally integrated one of a cascaded electrical grid in one of a residential and a commercial unit, with at least one of home automation grid and network via plurality of ISBs each connects to said electrical grid directly and to at least one load via at least one electrical wiring device (Fig. 15; Claim 11; A structurally integrated electrical grid of one of a residential and a commercial unit with at least one of home automation grid and network via plurality of intelligent support boxes each connects to said electrical grid directly and to at least one load via at least one electrical wiring device), said plurality of ISBs are linked to at least one of a controller and a command converter by one of bidirectional optical signals via one of cascading grid of optical cable and at least one of wireless RF and IR signals bidirectionally propagated in open air (Claim 11; said plurality of intelligent support boxes are linked to at least one of a controller and a command converter by one of bidirectional optical signals via one of cascading grid of optical cable and at least one of wireless RF and IR signals bidirectionally propagated in open air);
each of said plurality of ISBs comprising a CPU, at least one of setting selector and a memory for setting the home automation grid and for loading particulars data pertaining to each installed ISB as structured including data pertaining to said at least one wiring device, circuits for operating and for calculating the power consumed by each load via said wiring device and communication circuits for communicating with at least one of controller and command (Claim 11; each of said plurality of intelligent support boxes comprising a CPU, at least one of setting selector and a memory for setting the home automation grid and for loading particulars data pertaining to each installed intelligent support box as structured including data pertaining to said at least one wiring device, circuits for operating and for calculating the power consumed by each load via said wiring device and communication circuits for communicating at least one way of bidirectional signal with said at least one of controller and command converter via one of said home automation grid and network);
wherein each ISB further comprises self-lock (Fig. 2; Fig. 3; Column 7, lines 62-67; FIG. 2A shows an intelligent supporting box 3H for accommodating three electrical hybrid switches H1-H3, each comprising self-locking convexes 15 and stoppers 5A for locking into the indentations 15A and 5 of the boxes, when a hybrid switch H is inserted into position within the box 3H) power terminal contacts configured to receive live, neutral, and ground wires (Fig. 2; Fig. 3; Column 8, lines 51-60; Each of the mechanical switches and outlets of the prior art is individually connected to the power wires accessed through the wall box and therefore require extensive work for connecting the many wires to the plurality of outlets and switches confined to within the wall box. In contrast the intelligent box connects to few wires and the hybrid switches including the power outlets of the present invention are plugged-in through the front or the frame 20F and into the receptacles 2L (live), 2LD (load) and 2N (neutral) and to GND (ground) pin 1G into the receptacle 2G of the power outlet) by push-in insertion without screw terminals (Fig. 2; Fig. 3; the switches and AC receptacle is pushed in into the intelligent supporting box 3H without screw terminals as shown),
wherein each ISB includes a plug-in support structure having channels and configured to receive a standard plug-in AC device by plug-in action (Fig. 2; Fig. 3; the intelligent supporting box 1H+1S is shown on Fig. 2B with the receptacle for standard AC device plugged in with a specific type of electrical prongs as shown), and
wherein the plurality of ISBs include horizontal ISBs and vertical ISBs (Fig. 6; a plurality of horizontal ISBs and vertical ISBs is shown) configured to link to a next cascaded ISB (Fig. 15; a plurality of ISBs in one location is linked to another ISB in different location as shown).
However, the present system does not expressly disclose access openings for release bars and configured to release a standard plug-in AC device by plug-in action.
Elberbaum 005 discloses access openings for release bars and configured to release a standard plug-in AC device by plug-in action (Fig. 24; Column 61, lines 1-12; FIGS. 24A-24D show a simple “hand tool” 400 comprising four release bars 1. The process to pull the plug-in devices shown as an AC outlet and AC switch starts with step A, inserting each individual tip of the four release bars 1 into the channel of ramp of the shown outlet in step A of FIG. 24A all the way in to release the outlet four lock ramps 26, continued by step B, pulling the released outlet from its lock state position and continue by step C, the pull by hand of the released and loose outlet to complete the outlet removal).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include access openings for release bars, as taught by Elberbaum 005, in the present system in order to provide an convenient way of removing the plugged in AC outlet or AC switch for maintenance, replacement, or reconfiguration of the system.
Regarding claim 12, the present combination discloses The structurally integrated electrical grid according to claim 11 wherein said grid is one of a low voltage bus-line for propagating electrical signal and an optical grid for propagating at least one of said optical signals via said optical cable including IR signal propagated in line of sight in said open air, said network including propagation of signals comprising said optical signals via said optical cable and said IR signals in line of sight, said electrical signals via bus line, said RF signals and combinations thereof; and said controller is selected from a group comprising a video interphone monitor, a shopping terminal, a dedicated home automation controller, an home automation grid distributor, a key pad, a touch pad, hand held controller and combinations thereof (Elberbaum 911, Claim 12; The structurally integrated electrical grid according to claim 11 wherein said grid is one of a low voltage bus-line for propagating electrical signal and an optical grid for propagating at least one of said optical signals via said optical cable including IR signal propagated in line of sight in said open air, said network including propagation of signals comprising said optical signals via said optical cable and said IR signals in line of sight, said electrical signals via bus line, said RF signals and combinations thereof; and said controller is selected from a group comprising a video interphone monitor, a shopping terminal, a dedicated home automation controller, an home automation grid distributor, a key pad, a touch pad, hand held controller and combinations thereof).
Regarding claim 13, the present combination discloses The structurally integrated electrical grid according to claim 12 wherein said optical signal and electrical signal are converted two way for interfacing the propagated optical signal with electric signal and electrical signal with optical signal via one of said command converter and an automation grid distributor, and wherein said RF signal and said optical signals are converted two way for interfacing said RF signal with optical signals and said optical signals with RF signals via at least one of said automation grid distributor and said intelligent support box for exchanging signals commensurate with command and response signals of a given load via said automation grid (Elberbaum 911, Claim 13; The structurally integrated electrical grid according to claim 12 wherein said optical signal and electrical signal are converted two way for interfacing the propagated optical signal with electric signal and electrical signal with optical signal via one of said command converter and an automation grid distributor, and wherein said RF signal and said optical signals are converted two way for interfacing said RF signal with optical signals and said optical signals with RF signals via at least one of said automation grid distributor and said intelligent support box for exchanging signals commensurate with command and response signals of a given load via said automation grid).
Regarding claim 14, the present combination discloses The structurally integrated electrical grid according to claim 11 wherein said bidirectional signals comprising an operate commands for on-off switching and operating at least one given load powered by at least one given electrical wiring device and responses for providing said one of controller and command converter with at least one of data pertaining the status of and one of the current drawn and the power consumed by said at least one given load (Elberbaum 911, Claim 14; The structurally integrated electrical grid according to claim 11 wherein said bidirectional signals comprising an operate commands for on-off switching and operating at least one given load powered by at least one given electrical wiring device and responses for providing said one of controller and command converter with at least one of data pertaining the status of and one of the current drawn and the power consumed by said at least one given load).
Regarding claim 15, the present combination disclose The structurally integrated electrical grid according to claim 14 wherein a combination of said particulars of a given load powered by a given electrical wiring device, said one of installed location and one of code and address, said operate commands and responses are integrated into integrated control commands stored in said memory and a memory of at least one of said controller and command converter for storing the integrated control commands during the initial setup of the system and upgrade via the controller at random, enabling the propagating of short recall of operate commands and responses via said grid and network and operate said given function of said given load in the given location via a single integrated command and a single integrated response (Elberbaum 911, Claim 15; The structurally integrated electrical grid according to claim 14 wherein a combination of said particulars of a given load powered by a given electrical wiring device, said one of installed location and one of code and address, said operate commands and responses are integrated into integrated control commands stored in said memory and a memory of at least one of said controller and command converter for storing the integrated control commands during the initial setup of the system and upgrade via the controller at random, enabling the propagating of short recall of operate commands and responses via said grid and network and operate said given function of said given load in the given location via a single integrated command and a single integrated response).
Regarding claim 16, the present combination discloses The structurally integrated electrical grid according to claim 15 wherein a specific load powered via said ISB is communicating via one of said RF signal in open air and via one of said optical signal through said optical port and IR in line of sight wherein said specific load is responsive to a specific commands and responses only and, wherein said memory and said memory of said controller and said command converter are updated to include said specific commands and responses and the ISB is further set via said controller to communicate said specific commands and responses with said specific load (Elberbaum 911, Claim 16; The structurally integrated electrical grid according to claim 15 wherein a specific load powered via said intelligent support box is communicating via one of said RF signal in open air and via one of said optical signal through said optical port and IR in line of sight wherein said specific load is responsive to a specific commands and responses only and, wherein said memory and said memory of said controller and said command converter are updated to include said specific commands and responses and the intelligent support box is further set via said controller to communicate said specific commands and responses with said specific load).
Regarding claim 17, the present combination discloses Said structurally integrated electrical grid according to claim 15 wherein variety of loads powered via said ISBs are communicating via one of said RF signal in open air and via one of said optical signal through said optical port and in line of sight wherein said variety of loads are responsive to diverse commands and responses and wherein said memory and said memory of said controller and said command converter are updated to include said diverse commands and responses and the ISB is further set via said controller to communicate with each of said variety of loads only diverse commands and responses, each commensurate with each one of said variety of loads (Elberbaum 911, Claim 17; Said structurally integrated electrical grid according to claim 15 wherein variety of loads powered via said intelligent support box are communicating via one of said RF signal in open air and via one of said optical signal through said optical port and in line of sight wherein said variety of loads are responsive to diverse commands and responses and wherein said memory and said memory of said controller and said command converter are updated to include said diverse commands and responses and the intelligent support box is further set via said controller to communicate with each of said variety of loads only diverse commands and responses, each commensurate with each one of said variety of loads).
Regarding claim 18, the present combination discloses The structurally integrated electrical grid according to claim 11 wherein said ISBs comprising horizontally oriented boxes diversified in size and capacity and vertically oriented boxes diversified in size and capacity for supporting said electrical wiring devices selected from a group comprising manual switches, hybrid switches, relays, power outlets, power sockets and combinations thereof (Elberbaum 911, Claim 18; The structurally integrated electrical grid according to claim 11 wherein said intelligent support boxes comprising horizontally oriented boxes diversified in size and capacity and vertically oriented boxes diversified in size and capacity for supporting said electrical wiring devices selected from a group comprising manual switches, hybrid switches, relays, power outlets, power sockets and combinations thereof).
Regarding claim 19, the present combination discloses The structurally integrated electrical grid according to claim 18 wherein said ISB is structured to switch on-off a load directly connected to one of an attached manual switch and an hybrid switch including the switching on-off of a load powered via a given power outlet jointly attached to said ISB for powering a load (Elberbaum 911, Claim 19; The structurally integrated electrical grid according to claim 18 wherein said intelligent support box is structured to switch on-off a load directly connected to one of an attached manual switch and an hybrid switch including the switching on-off of a load powered via a given power outlet jointly attached to said intelligent support box for powering a load).
Regarding claim 20, the present combination discloses The structurally integrated electrical grid according to claim 11 wherein said residential and commercial unit is selected from a group comprising a single home, an apartment of a building, one of a room and suit of an hotel, a shop, a restaurant, a club, a given area of a warehouse, an office, a garage, a workshop, one of a class and classes of a school, a library, one of a room and rooms of an hospital, at least one of a room and rooms of a public building, and at least one of area and a zone of a factory (Elberbaum 911, Claim 20; The structurally integrated electrical grid according to claim 11 wherein said residential and commercial unit is selected from a group comprising a single home, an apartment of a building, one of a room and suit of an hotel, a shop, a restaurant, a club, a given area of a warehouse, an office, a garage, a workshop, one of a class and classes of a school, a library, one of a room and rooms of an hospital, at least one of a room and rooms of a public building, and at least one of area and a zone of a factory).
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 JAI M LEE whose telephone number is (571)272-5870. The examiner can normally be reached M-F 9:5:30 PM.
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, Kenneth Vanderpuye can be reached at 571-272-3078. 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.
JAI M. LEE
Examiner
Art Unit 2634
/JAI M LEE/Examiner, Art Unit 2634
Prosecution Insights