Detailed Action
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-6, 8-13 and 15-20 has/have been considered but are moot in view of new ground(s) of rejection necessitated by the amendments.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because figures 5-6 use rectangular/circular boxes to represent some elements, and the boxes do not include a label to indicate what each box represents. All rectangular/circular boxes must include a label describing what each box represents in addition to a number so one of ordinary skill in the art could quickly identify what each box represents. No new matter should be entered.
The following boxed need a label:
Boxes 502, 504, 506, 508, 510 and 530 in figure 5. For example, box 502 must include a label “AC Main Switch” in addition to the number 502.
Boxes 102, 604, 608, 610, 610a, 610b, 612, 614 and 616. For example, box 102 must include a label “smart power module apparatus” in addition to the number 102.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
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) 2-6, 8, 10-13, 16-18 and 20 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 pre-AIA the applicant regards as the invention.
In regards to claims 2-6 and 8, each claim recites in line 1 “The smart power apparatus of claim”. Claim 1 was amended with limitations that recite a plurality of the smart power apparatus. Therefore, it is unclear to which of the plurality of apparatus the limitations of line 1 is referring. For this reason, the claims are indefinite.
The examiner has interpreted claim 1 in the following way in order to advance prosecution:
1.(Currently Amended) A first smart power apparatus of a plurality of smart power apparatus for connecting to a street pole, the first smart power apparatus comprising:
a casing having a top plate, a bottom plate, and at least one wall with cooling fins to connect the top plate and the bottom plate, the casing further comprising:
a communication module to communicate with a control module;
an input electrical connector integrated with the casing to receive an input alternating current (AC) from a street pole connector using a weatherproof connection;
a conversion module operable to receive the input AC from the input electrical connector and produce an output direct current (DC), wherein the output DC is produced using a switch mode power supply (SM PS) transformer;
a metering module connected to circuits of the output DC with at least one sensor to measure the output DC, wherein the metering module communicates with the control module using the communication module;
an output DC connector integrated with the casing to provide the output DC using a weatherproof connection, wherein the output DC is regulated by the control module using the communication module, wherein the control module has access to a plurality of customer profiles, wherein the control module regulates each of the plurality of [[the]] smart power apparatus in accordance with at least one customer profile of the plurality of customer profiles.
The examiner has also interpreted line 1 of claims 2-6 and 8 in the following way in order to advance prosecution: “The first smart power apparatus of claim”.
In regards to claim 3, the claim recites in line 2 “for the output DC to”. Claim 1 was amended with limitations that recite output DC of a plurality of apparatus. It is unclear to which apparatus belongs the output DC recited in line 2. For this reason, the claim is indefinite. The examiner has interpreted the claim in the following way in order to advance prosecution: “for the output DC of the first smart power apparatus to”.
In regards to claim 6, line 3-4 recites “of the plurality of the smart power apparatus”. Claim 1 defines a plurality of smart power apparatus, and claim 6 also defines a plurality of smart power apparatus. Therefore, it is unclear if the limitations of lines 3-4 are referring to the apparatus defined in claim 1 or to the apparatus defined in claim 6. For this reason, the claim is indefinite.
The examiner has interpreted the claim in the following way in order to advance prosecution:
6. (Currently Amended) The first smart power apparatus of claim 1, wherein the control module communicates with [[a]] the plurality of [[the]] smart power apparatus each having a corresponding communication module and an output DC connector, wherein each of the plurality of [[the]] smart power apparatus has a unique identity and the control module regulates of each of the plurality of smart power apparatus.
In regards to claim 8, line 4 recites “of the plurality of customer profiles” and “of the plurality of the smart power apparatus”. Claim 1 defines a plurality of smart power apparatus and a plurality of customer profiles, and claim 6 also defines a plurality of smart power apparatus and a plurality of customer profiles. Therefore, it is unclear if the limitations of line 4 are referring to the apparatus and profiles defined in claim 1 or to the apparatus and profiles defined in claim 6. For this reason, the claim is indefinite.
The examiner has interpreted the claim in the following way in order to advance prosecution:
8. (Currently Amended) The first smart power apparatus of claim 1, wherein the control module regulates of each of the [[a]] plurality of [[the]] smart power apparatus in accordance with one customer profile parameter of [[a]] the plurality of customer profiles, wherein the one customer profile parameter of the plurality of customer profiles is augmented by monitoring each of the plurality of [[the]] smart power apparatus.
In regards to claims 10-13, each claim recites in line 1 “The smart power apparatus of claim”. Claim 9 was amended with limitations that recite a plurality of the smart power apparatus. Therefore, it is unclear to which of the plurality of apparatus the limitations of line 1 is referring. For this reason, the claims are indefinite.
The examiner has interpreted claim 9 in the following way in order to advance prosecution:
9. (Currently Amended) A first smart power apparatus of a plurality of smart power apparatus for connecting to a street pole, the first power apparatus comprising:
a casing having a top plate, a bottom plate, and at least one wall with cooling fins to connect the top plate and the bottom plate, the casing further comprising:
a communication module to communicate with a control module;
an input electrical connector integrated with the casing to receive an input alternating current (AC) from a street pole connector using a weatherproof connection;
a conversion module operable to receive the input AC from the input electrical connector and produce an output AC;
a metering module connected to circuits of the output AC with at least one sensor to measure the output AC, wherein the metering module communicates with the control module using the communication module;
an output AC connector integrated with the casing to provide the output AC using a weatherproof connection, wherein the output AC is regulated by the control module using the communication module, wherein the control module has access to a plurality of customer profiles, wherein the control module regulates AC of [[a]] each of the plurality of [[the]] smart power apparatus in accordance with at least one customer profile of the plurality of customer profiles.
The examiner has also interpreted line 1 of claims 10-13 in the following way in order to advance prosecution: “The first smart power apparatus of claim”.
In regards to claim 12, the claim recites in line 2 “for the output AC to”. Claim 9 was amended with limitations that recite output AC of a plurality of apparatus. It is unclear to which apparatus belongs the output AC recited in line 2. For this reason, the claim is indefinite. The examiner has interpreted the claim in the following way in order to advance prosecution: “for the output AC of the first smart power apparatus to”.
In regards to claim 13, line 3-4 recites “of the plurality of the smart power apparatus”. Claim 9 defines a plurality of smart power apparatus, and claim 13 also defines a plurality of smart power apparatus. Therefore, it is unclear if the limitations of lines 3-4 are referring to the apparatus defined in claim 9 or to the apparatus defined in claim 13. For this reason, the claim is indefinite.
The examiner has interpreted the claim in the following way in order to advance prosecution:
13. (Currently Amended) The first smart power apparatus of claim 9, wherein the control module communicates with [[a]] the plurality of [[the]] smart power apparatus each having a corresponding communication module and an output AC connector, wherein each of the plurality of [[the]] smart power apparatus has a unique identity and the control module regulates of each of the plurality of smart power apparatus.
In regards to claim 16, the claim recites in line 2 “for the art least one output current using” and in line 4 “wherein the at least one output current”. Claim 15 was amended with limitations that recites a plurality apparatus each having at least one output current. It is unclear to which apparatus belongs the out put current recited in lines 2 and 4. For this reason, the claim is indefinite.
The examiner has interpreted claim 15 in the following way in order to advance prosecution:
15. (Currently Amended) A method for monitoring and controlling a first smart power apparatus of a plurality of smart power apparatus for connecting to a street pole, the method comprising:
receiving an input current using an input electrical connector from a street pole connector having a weatherproof connection;
converting the received input current from the input electrical connector to at least one output current;
measuring the at least one output current with at least one sensor of a metering module, wherein the metering module communicates with a control module using a communication module;
providing the at least one output current using an output current connector having a weatherproof connection, wherein the at least one output current is regulated by the control module using the communication module, wherein the control module has access to a plurality of customer profiles, wherein the control module regulates each of the plurality of [[the]] smart power apparatus in accordance with at least one customer profile of the plurality of customer profiles.
The examiner has interpreted claim 16 in the following way in order to advance prosecution:
16. (Currently Amended) The method of claim 15, the method further comprising:
receiving at least one customer profile parameter for the at least one output current of the first smart power apparatus using the communication module from the control module;
wherein the at least one output current of the first smart power apparatus is regulated by the control module using the communication module in accordance with the at least one customer profile parameter.
In regards to claim 17, line 2 of the claim has the same issues described in the rejection of claim 16 above. For this reason, the claim is indefinite.
The examiner has interpreted claim 17 in the following way in order to advance prosecution:
17. (Currently Amended) The method of claim 15, the method further comprising: generating a corresponding utility grade metering for the at least one output current of the first smart power apparatus and assisting a user to monitor energy usage.
In regards to claim 18, line 4 recites “of the plurality of the smart power apparatus”. Claim 15 defines a plurality of smart power apparatus, and claim 18 also defines a plurality of smart power apparatus. Therefore, it is unclear if the limitations of line 4 are referring to the apparatus defined in claim 15 or to the apparatus defined in claim 18. For this reason, the claim is indefinite.
The examiner has interpreted the claim in the following way in order to advance prosecution:
18. (Currently Amended) The method of claim 15, wherein the control module communicates with [[a]] the plurality of [[the]] smart power apparatus each having a corresponding communication module[[,]] and output current connector, wherein each of the plurality of [[the]] smart power apparatus has a unique identity and the control module regulates of each of the plurality of smart power apparatus.
In regards to claim 20, line 5 recites “of the plurality of customer profiles” and “of the plurality of the smart power apparatus”. Claim 15 defines a plurality of smart power apparatus and a plurality of customer profiles, and claim 20 also defines a plurality of smart power apparatus and a plurality of customer profiles. Therefore, it is unclear if the limitations of line 5 are referring to the apparatus and profiles defined in claim 15 or to the apparatus and profiles defined in claim 20. For this reason, the claim is indefinite.
The examiner has interpreted the claim in the following way in order to advance prosecution:
20. (Currently Amended) The method of claim 15, wherein the control module regulates of each of the [[a]] plurality of [[the]] smart power apparatus in accordance with one customer profile parameter of [[a]] the plurality of customer profiles, wherein the one customer profile parameter of the plurality of customer profiles is augmented by monitoring each of the plurality of [[the]] smart power apparatus.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 19 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
In regards to claim 19, the limitations of claim 19 were already recited in claim 15. Therefore, the claim fails to further limit the subject matter of claim 15, and the claim must be cancelled and/or amended. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claim(s) 1, 9 and 15 is/are allowed.
In regards to claims 1, 9 and 15, the claims were amended with limitations previously recited in claims 7, 14 and 19 respectively and which had allowable subject matter. Therefore, the claims are allowed for the reasons provided for claims 7, 14 and 19 in the office action dated September 3, 2025.
Claim(s) 2-6, 8, 10-13, 16-18 and 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
In regards to claims 2-6, the claims would be allowable due to their dependency on claim 1.
In regards to claims 10-13, the claims would be allowable due to their dependency on claim 9.
In regards to claims 16-18 and 20, the claims would be allowable due to their dependency on claim 15.
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 FRANKLIN D BALSECA whose telephone number is (571)270-5966. The examiner can normally be reached 6AM-4PM EST M-F.
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/FRANKLIN D BALSECA/Examiner, Art Unit 2688