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
Claims 1-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected claims, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/8/2025.
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 11 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 claim 11
The following claims are inappropriately narrative and attempts to define the invention of the prior art by way of how the system operates rather than by structure added to the apparatus claim. Particularly the following claim limitation is indefinite, unclear and narrative:
Claim 11. “…based on a selected timing as a function of the operational characteristics of one or more of the electrical switches” (First, it is unclear what the function attempted to be claimed is based on the undefined “as a function” and “operational characteristics” which are overly vague and unclear when taken as a whole. Second, the limitation as a whole amount to a narrative operation of the system rather than structure for an apparatus claim.)
Claim 12. “…selectively change the operational state of one or more of the electrical switches based on a selected timing as a function of said operational characteristics including one or more of: power cycle time and switch transfer time. (It is unclear what the function attempted to be claimed is based on the undefined “based on” and “as a function of” and “operation characteristic” . Second, the limitation as a whole amount to a narrative operation of the system rather than structure for an apparatus claim.)
Claim 14. “…configured to generate control signals to selectively change the operational state of one or more of the electrical switches in a variable sequence based on selected timing as a function of one or more of: power cycle time and switch transfer time.” (It is unclear what the function attempted to be claimed is based on the undefined “based on” and “as a function of” and “operation characteristic” . Second, the limitation as a whole amount to a narrative operation of the system rather than structure for an apparatus claim.)
Claim 16. “… the controller is further configured to change the operational state of one or more of the electrical switches in an alternating sequence based on selected timing as a function of one or more of: switch transfer time and system power cycle time.” (It is unclear what the function attempted to be claimed is based on the undefined “based on” and “as a function of” and “operation characteristic” . Second, the limitation as a whole amount to a narrative operation of the system rather than structure for an apparatus claim.)
The claims will be examined as best understood.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 10-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elmiger et al. US 2023/0343533.
Elmiger teaches:
Claim 10: A system for controlling a plurality of electrical switches, each electrical switch having two or more operational states and responsive to control signals for changing between operational states, the system comprising:
a controller (503, FIG5) configured to generate control signals to selectively change the operational state of one or more of the electrical switches based on at least one of: a selected timing and a selected sequence (see Spec @ [0051]);
wherein the selective changing of the operational state of the one or more of the electrical switches is configured to reduce early degradation of the one or more of the electrical switches in relation to said plurality of electrical switches (see Spec @ [0051]) “ In other words, the causing effect of contact wear is evenly distributed among all of the relays” Further noting that said claim limitation “is configured to reduce…” attempts to narratively describe the desired result of the invention which is not germane to patentability).
Claim 11 The system of claim 10, wherein the controller is further configured to generate control signals to selectively change the operational state of one or more of the electrical switches based on a selected timing (see [0051]).
Claim 12. The system of claim 11, wherein the controller is further configured to selectively change the operational state of one or more of the electrical switches based on a selected timing (see [0051]).
Claim 13 (Original): The system of claim 10, wherein the controller is further configured to generate control signals to selectively change the operational state of one or more of the electrical switches in a variable sequence (see [0051], variable sequence read on “During a second turning…”.)
Claim 14 (Original): The system of claim 13, wherein the controller is further configured to generate control signals to selectively change the operational state of one or more of the electrical switches in a variable sequence based on selected timing (see [0051] variable sequence read on by the sequence of which relays are closed and selected timing read on by first and second, etc “turning on operation of the switching device” as defined at [0051]).
Claim 15: The system of claim 10, wherein the controller is configured to generate control signals to change the operational state of one or more of the electrical switches in an alternating sequence (see [0051] are alternated between first and second turning on operations).
Claim 16: The system of claim 15, wherein the controller is further configured to change the operational state of one or more of the electrical switches in an alternating sequence based on selected timing (see [0051]).
Claim 17 :The system of claim 10, wherein the controller is further configured to change the operational state of each of the electrical switches based on a selected timing and selected sequence (see [0051]) to prevent one or more of the electrical switches from early degradation in relation to the other electrical switches in the system (Noting that the narrative description of the desired result of the invention is not germane to patentability of the apparatus claim).
Claim 18. A system comprising:
a plurality of electrical switches (switches of 500, FIG5), each electrical switch having two or more operational states and responsive to control signals for changing between operational states;
a controller (503) configured to generate control signals to selectively change the operational state of one or more of the electrical switches based on at least one of: a selected timing and a selected sequence (see Spec. @ [0051]), to reduce early degradation of one or more of the electrical switches in relation to said plurality of electrical switches. (Noting that the narrative description of the desired result of the invention is not germane to patentability of the apparatus claim).
Allowable Subject Matter
Claims 19 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Magnussen US 6,366,434;
Book et al. US 10,141,143 and
DeVault et al. US 5,440,180.
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 on Mon-Fri 0900-18:30.
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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Daniel Cavallari/
PRIMARY PATENT EXAMINER
ART UNIT 2836