Prosecution Insights
Last updated: July 17, 2026
Application No. 18/394,444

Self-Powered Smart Switch

Final Rejection §103
Filed
Dec 22, 2023
Priority
Jun 25, 2021 — provisional 63/215,168 +1 more
Examiner
LY, XUAN
Art Unit
2836
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Menlo Microsystems Inc.
OA Round
2 (Final)
85%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
459 granted / 539 resolved
+17.2% vs TC avg
Moderate +6% lift
Without
With
+6.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
20 currently pending
Career history
560
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
92.1%
+52.1% vs TC avg
§102
5.7%
-34.3% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 539 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 . Applicant’s response filed on 03/03/2026 has been entered and considered. Upon entering claims 1-20 were pending; and claims 1-2, 4, 8-9, 13, 15, and 18 have been amended. Response to Arguments Applicant’s arguments filed on 03/03/2026 have been fully considered but are moot in view of the new ground(s) of rejection as further noted. Claim Objections Claims 7, 17, and 20 are objected to because of the following informalities: Claims 7, 17, and 20, recite 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”) have 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”. 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. Claims 1-5, 7, 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Aubert (EP1684318) in view of Scott et al. (US 2008/0211330). Regarding claim 1, Aubert teaches A switch device (fig. 2@ B), comprising: a micro-relay (fig. 2@ R) disposed between a first terminal and a second terminal, the micro- relay (R) selectively electrically couples the first terminal to the second terminal (see figure 2 and par. [0009-0011]); a bypass circuit (figure 2: component E, lines "phase", "charge") that selectively diverts at least a portion of electrical signal current flowing from the first terminal to the micro-relay (R), and directs the diverted electrical signal to the second terminal (see figure 2); an energy harvesting circuit that (i) withdraws a portion of energy flowing into the switch device (figure 2: transformer TR), (ii) stores the portion of energy in the energy storage device (figure 2: part of (E) "stock/source d'energie"), and (iii) supplies the energy stored in the energy storage device to one or more components (figure 2: to BR via SCC) within the switch device (figure 2 and par. [0016-0027]). However, Aubert does not explicitly teach withdraws a portion of energy flowing into the switch device by electrically coupling the first terminal to an energy storage device when a voltage of the cyclic electrical signal is at or near a desired voltage. Scott teaches withdraws a portion of energy flowing into the switch device by electrically coupling the first terminal to an energy storage device when a voltage of the cyclic electrical signal is at or near a desired voltage, (see par. [0018], “Trigger signals to the switching devices are generated by a controller that detects zero crossings in the respective phases of the AC signal and generates the trigger signal accordingly (typically after a delay nominally corresponding to a predetermined phase angle in the AC signal, and, concomitantly with a desired DC output level). More particularly, in a conventional system, when a zero crossing is detected in a particular phase, the controller delays by a time period corresponding to the desired duty cycle (which, in turn, corresponds to the desired output voltage level). The delay is typically engendered by a one-shot or conventional timing circuit. For example, a capacitor is charged with current when the voltage across the capacitor exceeds a reference voltage, a trigger to the SCR associated with the phase is generated, and the capacitor discharged”). Therefore, 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 Aubert with the teachings of Scott by having withdraws a portion of energy flowing into the switch device by electrically coupling the first terminal to an energy storage device when a voltage of the cyclic electrical signal is at or near a desired voltage in order to improving overall power extraction—it drastically reduces internal energy dissipation, allowing the system to harvest far more usable output power than standard switching methods. Regarding claim 2, the combination teaches wherein the first terminal may be coupled to an electrical signal source (fig.2@ F, E), and the second terminal may be coupled to a load (fig. 2@ load C) that is a sink for the electrical signal (see figure 2; Aubert). Regarding claim 3, the combination teaches a third terminal coupled to a neutral node (fig. 2@ N) associated with the source (F) of electrical current and the load (C), (see figures 1-2; Aubert). Regarding claim 4, the combination teaches wherein a neutral switch may couple electrical current flowing from the micro-relay (R), away from the second terminal and to a third terminal (see figures 1-2: the use of a neutral connection. Using such a connection to supply energy to the switch the skilled person would use a switch mode power supply; Aubert). Regarding claim 5, the combination teaches a transformer (Fig. 2@ TR) that generates an actuating voltage for the micro-relay (R) from the energy stored in the energy storage device (see figure 2; Aubert). Regarding claim 7, the combination teaches a wireless transceiver that conveys control information into the switch device and/or test point and/or diagnostic information out of the switch device (see figure 2: a functional block to enter control information (EEC) and given the ubiquity of wireless technology the skilled person would probably implement the dashed line by such a data link especially given the ease and flexibility of such an implementation; Aubert). Regarding claim 15, Aubert teaches A method of controlling a flow of current between a first terminal and a second terminal (see figures 1 and 2), comprising: selectively electrically coupling, using a micro-relay (fig. 2@ R), the first terminal to the second terminal (see figure 2 and par. [0009-0011]); selectively diverting, using a bypass circuit (figure 2: component E, lines "phase", "charge"), at least a portion electrical signal flowing from the first terminal to the micro-relay (R), and directing the diverted electrical signal to the second terminal (see figure 2); using an energy harvesting circuit, (i) withdrawing a portion of energy flowing into the micro-relay (see figure 2), (ii) storing the portion of energy in the energy storage device (figure 2: part of (E) "stock/source d'energie"), and (iii) supplying the energy stored in the energy storage device to one or more components associated with the micro-relay (figure 2 and par. [0016-0027]). However, Aubert does not explicitly teach withdrawing a portion of energy flowing into a switch device by electrically coupling the first terminal to an energy storage device when a voltage of the cyclic electrical signal is at or near a desired voltage. Scott teaches withdrawing a portion of energy flowing into a switch device by electrically coupling the first terminal to an energy storage device when a voltage of the cyclic electrical signal is at or near a desired voltage (see par. [0018], “Trigger signals to the switching devices are generated by a controller that detects zero crossings in the respective phases of the AC signal and generates the trigger signal accordingly (typically after a delay nominally corresponding to a predetermined phase angle in the AC signal, and, concomitantly with a desired DC output level). More particularly, in a conventional system, when a zero crossing is detected in a particular phase, the controller delays by a time period corresponding to the desired duty cycle (which, in turn, corresponds to the desired output voltage level). The delay is typically engendered by a one-shot or conventional timing circuit. For example, a capacitor is charged with current when the voltage across the capacitor exceeds a reference voltage, a trigger to the SCR associated with the phase is generated, and the capacitor discharged”). Therefore, 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 Aubert with the teachings of Scott by having withdrawing a portion of energy flowing into a switch device by electrically coupling the first terminal to an energy storage device when a voltage of the cyclic electrical signal is at or near a desired voltage in order to improving overall power extraction—it drastically reduces internal energy dissipation, allowing the system to harvest far more usable output power than standard switching methods. Regarding claim 16, the combination teaches using a neutral switch, electrical current flowing from the micro-relay (R), away from the second terminal and to the third terminal (see figures 1-2; Aubert). Regarding claim 17, the combination teaches conveying, with the use of a wireless transceiver, control information for operating the micro-relay and/or test point and/or diagnostic information associated with operation of the micro-relay (see figure 2: a functional block to enter control information (EEC) and given the ubiquity of wireless technology the skilled person would probably implement the dashed line by such a data link especially given the ease and flexibility of such an implementation; Aubert). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Aubert (EP1684318) in view of Scott et al. (US 2008/0211330) and further in view of Premerlani et al. (US 2008/0310058). Regarding claim 6, the combination teaches the switch device above, but does not explicitly teach wherein the micro-relay is a MEMS device. Premerlani teaches the micro-relay is a MEMS device (fig. 4@ MEMS switch 20), (see figure 4 and par. [0029]). Therefore, 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 Aubert and Scott with the teachings of Premerlani by having the micro-relay is a MEMS device in order to offer potential for low cost in mass production, high isolation, and integration with microelectronic circuits. Claims 8-11, 14, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Aubert (EP1684318) in view of Premerlani et al. (US 2008/0310058) and further in view of Scott et al. (US 2008/0211330). Regarding claim 8, Aubert teaches A current interruption device (fig. 2@ B), comprising: a micro-relay (fig. 2@ R) disposed between a first terminal and a second terminal, the micro- relay selectively electrically couples the first terminal to the second terminal (see figure 2 and par. [0009-0011]); a control (fig. 2@ SCC) component that opens the micro-relay (R); an energy harvesting circuit that (i) withdraws a portion of energy flowing into the current interruption device (figure 2: transformer TR), (ii) stores the portion of energy in the energy storage device (figure 2: part of (E) "stock/source d'energie"), and (iii) supplies the energy stored in the energy storage device to one or more components (figure 2: to BR via SCC) within the current interruption device (figure 2 and par. [0016-0027]). However, Aubert does not explicitly teach a current measurement circuit that measures current of a cyclic electrical signal flowing through the micro-relay and generates a current signal that is indicative of the current flowing through the micro-relay; and the control component that opens the micro-relay when the current signal indicates that the current flowing through the micro-relay exceeds a threshold current value for a first amount of time; and withdraws a portion of energy flowing into the current interruption device by electrically coupling the first terminal to an energy storage device when a voltage of the cyclic electrical signal is at or near a desired voltage. Premerlani teaches a current measurement circuit that measures current of a cyclic electrical signal flowing through the micro-relay and generates a current signal that is indicative of the current flowing through the micro-relay; and the control component that opens the micro-relay when the current signal indicates that the current flowing through the micro-relay exceeds a threshold current value for a first amount of time (see figures 4-5 and par. [0048-0051]; a similar device featuring current sense capability with time dependent over current deactivation of the switch). Therefore, 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 Aubert with the teachings of Premerlani by having a current measurement circuit that measures current flowing through the micro-relay and generates a current signal that is indicative of the current flowing through the micro-relay; and the control component that opens the micro-relay when the current signal indicates that the current flowing through the micro-relay exceeds a threshold current value for a first amount of time in order to control component that opens the relay when current exceeds a threshold for a specific time is crucial for this protection, as it allows the system to react to a persistent fault rather than a momentary spike. Scott teaches withdraws a portion of energy flowing into the current interruption device by electrically coupling the first terminal to an energy storage device when a voltage of the cyclic electrical signal is at or near a desired voltage (see par. [0018], “Trigger signals to the switching devices are generated by a controller that detects zero crossings in the respective phases of the AC signal and generates the trigger signal accordingly (typically after a delay nominally corresponding to a predetermined phase angle in the AC signal, and, concomitantly with a desired DC output level). More particularly, in a conventional system, when a zero crossing is detected in a particular phase, the controller delays by a time period corresponding to the desired duty cycle (which, in turn, corresponds to the desired output voltage level). The delay is typically engendered by a one-shot or conventional timing circuit. For example, a capacitor is charged with current when the voltage across the capacitor exceeds a reference voltage, a trigger to the SCR associated with the phase is generated, and the capacitor discharged”). Therefore, 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 Aubert and Premerlani with the teachings of Scott by having withdraws a portion of energy flowing into the current interruption device by electrically coupling the first terminal to an energy storage device when a voltage of the cyclic electrical signal is at or near a desired voltage in order to improving overall power extraction—it drastically reduces internal energy dissipation, allowing the system to harvest far more usable output power than standard switching methods. Regarding claim 9, the combination teaches wherein the first terminal may be coupled to an electrical signal source (fig.2@ F, E), and the second terminal may be coupled to a load (fig. 2@ load C) that is a sink for electrical signal (see figure 2; Aubert). Regarding claim 10, the combination teaches a transformer (fig. 2@ TR) that generates an actuating voltage for the micro-relay (R) from the energy stored in the energy storage device (see figure 2; Aubert). Regarding claim 11, the combination teaches a timer component that provides an indication of elapsed time to the control component, wherein the control component uses the indication of elapsed time to determine the threshold amount of time (see par. [0048-0051], a timer component for the control component; Premerlani). Regarding claim 14, the combination teaches a wireless transceiver that conveys control information into the current interruption device and/or test point and/or diagnostic information out of the current interruption device (see figure 2: a functional block to enter control information (EEC) and given the ubiquity of wireless technology the skilled person would probably implement the dashed line by such a data link especially given the ease and flexibility of such an implementation; Aubert). Regarding claim 18, Aubert teaches A method of interrupting a flow of current between a first terminal and a second terminal, comprising: selectively electrically coupling, using a micro-relay (R), the first terminal and the second terminal (see figure 2 and par. [0009-0011]); using an energy harvesting circuit, (i) withdrawing a portion of energy flowing into the micro-relay (R), (figure 2: transformer TR), (ii) storing the portion of energy in the energy storage device (figure 2: part of (E) "stock/source d'energie"), and (iii) supplying the energy stored in the energy storage device to one or more components associated with the micro- relay (R), (figure 2 and par. [0016-0027]). However, Aubert does not explicitly teach measuring, using a current measurement circuit, current flowing through the micro-relay, and generating a current signal that is indicative of the current flowing through the micro-relay; opening, using a control component, the micro-relay when the current signal indicates that the current flowing through the micro-relay exceeds a threshold current value for a first amount of time; and withdrawing a portion of energy flowing into the micro-relay by electrically coupling the first terminal to an energy storage device when a voltage of the cyclic electrical signal is at or near a desired voltage. Premerlani teaches measuring, using a current measurement circuit, current flowing through the micro-relay, and generating a current signal that is indicative of the current flowing through the micro-relay; opening, using a control component, the micro-relay when the current signal indicates that the current flowing through the micro-relay exceeds a threshold current value for a first amount of time (see figures 4-5 and par. [0048-0051]; a similar device featuring current sense capability with time dependent over current deactivation of the switch). Therefore, 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 Aubert with the teachings of Premerlani by having measuring, using a current measurement circuit, current flowing through the micro-relay, and generating a current signal that is indicative of the current flowing through the micro-relay; opening, using a control component, the micro-relay when the current signal indicates that the current flowing through the micro-relay exceeds a threshold current value for a first amount of time in order to control component that opens the relay when current exceeds a threshold for a specific time is crucial for this protection, as it allows the system to react to a persistent fault rather than a momentary spike. Scott teaches withdrawing a portion of energy flowing into a switch device by electrically coupling the first terminal to an energy storage device when a voltage of the cyclic electrical signal is at or near a desired voltage (see par. [0018], “Trigger signals to the switching devices are generated by a controller that detects zero crossings in the respective phases of the AC signal and generates the trigger signal accordingly (typically after a delay nominally corresponding to a predetermined phase angle in the AC signal, and, concomitantly with a desired DC output level). More particularly, in a conventional system, when a zero crossing is detected in a particular phase, the controller delays by a time period corresponding to the desired duty cycle (which, in turn, corresponds to the desired output voltage level). The delay is typically engendered by a one-shot or conventional timing circuit. For example, a capacitor is charged with current when the voltage across the capacitor exceeds a reference voltage, a trigger to the SCR associated with the phase is generated, and the capacitor discharged”). Therefore, 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 Aubert and Premerlani with the teachings of Scott by having withdrawing a portion of energy flowing into a switch device by electrically coupling the first terminal to an energy storage device when a voltage of the cyclic electrical signal is at or near a desired voltage in order to improving overall power extraction—it drastically reduces internal energy dissipation, allowing the system to harvest far more usable output power than standard switching methods. Regarding claim 20, the combination teaches conveying, with the use of a wireless transceiver, control information for operating the micro-relay (R) and/or test point and/or diagnostic information associated with operation of the micro-relay (R), (see figure 2: a functional block to enter control information (EEC) and given the ubiquity of wireless technology the skilled person would probably implement the dashed line by such a data link especially given the ease and flexibility of such an implementation; Aubert). Claims 12-13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Aubert (EP1684318) in view of Premerlani et al. (US 2008/0310058), in view of Scott et al. (US 2008/0211330) and further in view of Liu et al. (US 10,068,733). Regarding claim 12, the combination teaches the current interruption device above, but does not explicitly teach wherein the control component further closes the micro-relay when a second amount of time has passed. Liu teaches the control component further closes the micro-relay when a second amount of time has passed (see col. 10, lines 5-25; when the MEMS switch is to be turned/actuated from Off to On). Therefore, 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 Aubert, Premerlani and Scott with the teachings of Liu by having the control component further closes the micro-relay when a second amount of time has passed in order to provide sequential operation or enhanced protection for the connected equipment. Regarding claim 13, the combination teaches the current interruption device above, but does not explicitly teach wherein the first amount of time and the second amount of time is programmable by a user (see col. 2, lines 36-55; the control circuit programmed to send control signals to the driver circuit to cause the driver circuit to move the MEMS switch from the open position to the closed position or from the closed position to the open position within the switching interval and selectively activate the auxiliary circuit for a duration of the switching interval; Liu). Regarding claim 19, the combination teaches the method of claim 18, but does not explicitly teach further comprising closing the micro-relay when a second amount of time has passed. Liu teaches closing the micro-relay when a second amount of time has passed, (see col. 10, lines 5-25; when the MEMS switch is to be turned/actuated from Off to On). Therefore, 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 Aubert, Premerlani and Scott with the teachings of Liu by having closing the micro-relay when a second amount of time has passed in order to provide sequential operation or enhanced protection for the connected equipment. 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 XUAN LY whose telephone number is (571)272-9885. The examiner can normally be reached M-F 9am-5pm. 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, Rexford Barnie 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. 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. /XUAN LY/Examiner, Art Unit 2836 /REXFORD N BARNIE/Supervisory Patent Examiner, Art Unit 2836
Read full office action

Prosecution Timeline

Dec 22, 2023
Application Filed
Dec 03, 2025
Non-Final Rejection mailed — §103
Mar 03, 2026
Response Filed
Jun 26, 2026
Final Rejection mailed — §103 (current)

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