Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/16/2026 has been entered.
Response to Amendment
Previous made objection to the Figures is withdrawn in view of 1/16/2026 amendments to the Figures.
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.
Claims 1, 8, 9, 11, 12, 13 and 14-20 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 Claims 1, 14
First, there is lack of proper antecedent basis for “the system controller” since a system controller is not positively recited in the claim rather the claim limitation is directed to a the enclosure “configured to receive wiring from… at least one of a system controller, a combiner, a smart switch, or a storage system..” noting that neither said “system controller” is positively recited and the claimed wiring “configuration” that is claimed is not said “system controller”.
Therefore the claim limitation of “so that the system controller at least one of controls load or shed excess solar circuits” is improperly narrative. In order for said system controller to be given patentable weight in the claim it must be positively recited such as “further comprising a system controller configured to control loads or shed excess solar circuits”.
The claim term “excess solar circuits” is unintelligible as the term is neither a term of art nor formally introduced and explained in the claim.
The claim will be examined as best understood.
Regarding Claim 9
The term “and/or” is confusing and unclear. It is unclear whether “and” or “or” is intended and it is noted that the two terms (“and” and “or”) having different meanings making it imperative to know which term is intended in order to understand the metes and bounds of the claim. Applicant is advised to select EITHER “and” or “or”, but not both. The claim will be examined as best understood wherein “and/or” is taken to mean “or”.
All of the “configured to” language is unintelligible as it fails to recite the intended structure to be added by said numerous and various “configurations” nor is it clear what structure (emphasis added) is intended to be added to the apparatus claim by said claimed “configuration”, since no structure is recited.
Regarding Claims 11
There is lack of antecedent basis for the claim terms “system controller” and “storage system” since they are not positively recited in Claim rather directed to the receiving wiring configuration. Claim 1 only recites configuration to receive wiring and not a positive recitation of either said system co
Because of the great deal of confusion and uncertainty as to the proper interpretation of the limitations of the above claim(s) 11-13, it is not proper to reject the present claim(s) on the basis of prior art. (See MPEP 2173.06 and In re Steele, 305 F.2d 859, 134 USPQ 292 (CCPA 1962).
Regarding Claim 12
The term “low” is a relative term which renders the claim indefinite. The term “low” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-6 and 9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ashman et al. US 2022/0216728.
Ashman teaches:
1. An apparatus for controlling one or more loads in an energy management system, comprising:
a load controller (3130, FIG31); and
a smart relay module (3114/3124, FIG31 and [0185]) comprising single phase relays and configured to control at least one of a single phase circuit, a split phase circuit, or a three phase circuit and configured to measure at least one of current, voltage, power, or energy for each relay load; and
a load enclosure (panel 4200, FIG42) “configured to house” (by its housing configuration it is configured to house whatever is put inside of it regardless of what is actually housed in it) the load controller and the smart relay module and configured to receive wiring (see conduits of FIG42 and Spec @ [0200]) coming from *note it is “configured to receive” any and all wiring by way of the conduits from any device/circuit including but not limited to the claimed: a main panel of the energy management system and a wiring coming from at leat one of a system controller, combiner, a smart switch, or a storage system of the energy management system (*again the conduit of Ashman is “configured” to receive wiring from any device wire which you put in the conduit).
3. The apparatus of claim 2, wherein the load enclosure comprises apertures configured to support cable entry from opposing sidewalls of the load enclosure or from a back wall of the load enclosure (see top side, bottom side opposing apertures, FIG30 and/or FIG42).
4. The apparatus of claim 2, wherein the load enclosure is at least one of a wall mount or a flush mount (see FIG30 and/or FIG42).
5. The apparatus of claim 1, wherein the load enclosure comprises a detachable lid (dead front cover panel (not shown) spec @ [0199]) with a shape (noting rectangular shape, see FIG42 in which rectangular shapes can be rotated (noting the claim is directed at the shape and not actual rotatable)) that can be rotated as an orientation of the load enclosure is changed.
6. The apparatus of claim 2, wherein the load enclosure is further “configured to support” (noting said conduit entry is for whatever desired wires are placed through it including): conduit entry for at least one of current transformer wiring, voltage transformer wiring, or power wiring (FIG42 and [0200] noting plurality of conduit “configured to support” any and all wires from any and all circuitry attaches including but not limited to said claimed circuitry).
9. The apparatus of claim 1, wherein the load enclosure is further configured to receive current transformer, voltage transformer, power conduits or (see 112 above) circuitry to control circuits of the energy management system using at least one of a current transformer or a voltage transformer (Noting Ashman teaches both of said “configured to” receive both of additional conduits, see additional conduits of FIG42 configured to receive wiring/conduit from any and all type circuity and further “configured to receive” via extra space which can accommodate any and all extra circuitry including the claimed circuitry, see FIG27 and FIG42).
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.
Claim(s) 7, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashman et al. US 2022/0216728.
Ashman teaches two smart relays but fails to teach:
7/10. The apparatus of claim 1, wherein the single phase relays comprise four single phase relays/at least three smart relay modules.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to provide a third/fourth smart relays/modules, since it has been held that mere duplication of essential working parts of a device has no patentable significance unless a new and unexpected result is produced. In re Harza, 124 USPQ 378.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashman et al. US 2022/0216728 in view of Govari et al. CN 102895026A.
Ashman fails to teach:
8. The apparatus of claim 1, wherein each of the single phase relays are filed replaceable.
Govari teaches field replaceable type relays (see Specification @ [0034] read on by “hot swap” type relays 70, FIG3).
It would have been obvious to use relays configured to be field replaceable as taught by Govari to realize the relays of Ashman (see 103 above) with the motivation of providing quick, desirable means for easy and fast maintenance
Allowable Subject Matter
Claims 14, 16-20 would be allowable if re-written as provided below to overcome the 112 rejection above:
14. An energy management system, comprising:
a storage system configured to connected to a smart switch and a combiner of the energy management system and configured to provide backup power when the energy management system in an off-grid mode;
a system controller configured to enable control of one or more loads when operating in the off-grid mode;
a load controller connected to the storage system, the smart switch, the combiner, and the system controller;
a smart relay module comprising single phase relays and configured to control at least one of a single phase circuit, a split phase circuit, or a three phase circuit and configured to measure at least one of current, voltage, power, or energy for each relay load; and
a load enclosure configured to house the load controller and the smart relay module and configured to receive wiring coming from a main panel of the energy management system and wiring coming from the system controller, a combiner, a smart switch, and the storage system of the energy management system;
the system controller configured to and
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL CAVALLARI whose telephone number is (571)272-8541. The examiner can normally be reached Mon-Fri 0900-18:30.
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/DANIEL CAVALLARI/Primary Examiner, Art Unit 2836