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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 3-7 have been considered but are moot because the arguments do not apply to the new grounds of rejection that incorporates the Hammerly (US 2,897,410) and Ogden (US 6,295,201) references. .
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 6 and 7 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.
Claim 6 requires “the first U-shaped load strap or the second U-shaped load strap includes an insulating sheath configured to electrically insulate the first U-shaped load strap or the second U-shaped load strap.” How does the insulating sheathing of the first U-shaped load strap electrically insulate the second U-shaped load strap, or the insulating sheathing of the second U-shaped load strap electrically insulate the first U-shaped load strap? Did Applicant mean “the first U-shaped load strap or the second U-shaped load strap includes an insulating sheath configured to electrically insulate the first U-shaped load strap from the second U-shaped load strap” or does this limitation have some other phrasing?
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 of this title, 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.
Claims 1 and 3-5 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Dixon (US 7,414,829) and Hammerly (US 2,897,410).
With respect to Claim 1, Dixon teaches a system for power distribution comprising: a metering device (col. 3, l. 17); a first load strap (fig. 2, 2200; fig. 3, 3200) connected to an electrical source (1200); a second load strap (2300; 3300) connected to the electrical source; a first breaker (fig. 1, 1500; fig. 2, 2500) for an individual unit of a multi-family residence (not given patentable weight because “for an individual unit of a multi-family residence” is intended use) (see fig. 2), the first circuit breaker connected to (see fig. 2) the first load strap and the second load strap; and a second circuit breaker for an EV charging station located in a parking spot for the multi-family residence (not given patentable weight because “for an EV charging station located in a parking spot for the multi-family residence” is intended use), the second circuit breaker connected to (another 2500 back-to-back with 2500 of fig. 2, since 2400 is symmetrical and can hold two 2500s, see annotated fig. 2 below) the first load strap and the second load strap; wherein the first circuit breaker and the second circuit breaker are electrically connected in parallel (each of the 2500s connect to 2200 and 2300) to each of the first load strap and the second load strap.
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Dixon fails to disclose a metering device; a meter socket, a tenant circuit braker, an EV circuit breaker, a first U-shaped load strap comprises a first conductor portion connected to a first bus, and the second U-shaped load strap comprises a second conductor portion connected to a second bus, wherein the first bus is connected to a pair of first stabs, and the second bus is connected to a pair of second stabs, and wherein the first bus and the pair of first stabs form a U-shaped portion of the first U- shaped load strap, and the second bus and the pair of second stabs form a U-shaped portion of the second U-shaped load strap. Dixon also discloses a metering device (col. 3, l. 17) in an electrical panel (fig. 1, 1100) and “one or more circuit breakers 1500” (col, 5, ll. 39-40). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to duplicate the circuit breaker 2500 forming two circuit breakers (as shown in annotated fig. 2 below) that can independently protect different loads, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. Admitted prior art that it is well known in the art to have a metering device for measuring power consumption and a meter socket connected to the metering device (since the applicant’s transverse of the rejection does not specifically address the examiner’s assertion of official notice, the transverse is not adequate and is taken as admitted prior art. MPEP 2144.03). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Dixon with well-known metering device and meter socket for the purpose of providing a removable electricity measurement device so that the amount of electricity can be measured and the metering device can be easily replaced. Claim 1 fails to disclose any specific structure for either the tenant circuit braker or the EV circuit breaker, and descriptive labels if “tenant” and “EV” appear to be related to the intended use. It would have been an obvious matter of choice to for the invention to any type of circuit breakers including tenant and EV circuit breakers, since applicant has not disclosed that the tenant and EV circuit breakers are any different from any other type of circuit braker and it appears that the invention would perform equally well with any type of circuit breaker. There is no structural difference disclosed or claimed between tenant and EV circuit breakers and circuit breakers used for other purposes. Hammerly teaches a system for power distribution, the system comprising: a first U-shaped load strap (fig. 1, 23 to left of shown 10); a second U-shaped load strap (fig. 1, 23 to right of shown 10); a tenant circuit breaker (10 as shown in fig. 1; “RANGE” of fig. 5) for an individual unit of a multi-family residence (“for . . .” is intended use and dies positively claim the function of the circuit breaker), the tenant circuit breaker connected (see fig. 1, connected to two adjacent 23s) to the first U-shaped load strap and the second U-shaped load strap; and an EV circuit breaker (10 of fig. 2 that is back-to back with 10 of fig. 1; :EXTRA 2 POLE” of fig. 5) for an EV charging station located in a parking spot for the multi-family residence (“for . . .” is intended use and dies positively claim the function of the circuit breaker), the EV circuit breaker connected (see fig. 2, connected to two adjacent 23s) to the first U-shaped load strap and the second U-shaped load strap; wherein the tenant circuit breaker and the EV circuit breaker are electrically connected in parallel (see fig. 5, 10s for “EXTRA 2 POLE” and “RANGE” are in parallel) to each of the first U-shaped load strap and the second U-shaped load strap, wherein the first U-shaped load strap comprises a first conductor portion (26) connected to a first bus (fig. 1, portion of 23 between 24 and 25 to left of shown 10), and the second U-shaped load strap comprises a second conductor portion (27) connected to a second bus (fig. 1, portion of 23 between 24 and 25 to right of shown 10), wherein the first bus is connected to a pair of first stabs (24,25 of 23 to left of shown 10), and the second bus is connected to a pair of second stabs (24,25 of 23 to right of shown 10), and wherein the first bus and the pair of first stabs form a U-shaped portion (see fig. 1 for 23 to left of shown 10; col. 3, ll. 23-25, “an elongated strip of conductive material having a central portion and opposed end portions bent upwardly therefrom at right angles”) of the first U- shaped load strap, and the second bus and the pair of second stabs form a U-shaped portion (see fig. 1 for 23 to right of shown 10; col. 3, ll. 23-25, “an elongated strip of conductive material having a central portion and opposed end portions bent upwardly therefrom at right angles”) of the second U-shaped load strap. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the U-shaped load straps and circuit breakers of Hammerly for the load straps and circuit breakers of Dixon for the purpose of using the double pole circuit breakers of Hammerly to simultaneously to switch or control two power feed lines of different electrical potential (col. 4, ll. 16-18).
With respect to Claims 3-5, Dixon discloses the claimed invention except for one of the first stabs and one of the second stabs are each connected to both the tenant circuit breaker and the EV circuit breaker (claim 3), the tenant circuit breaker and the EV circuit breaker are arranged substantially vertically stacked side by side with respect to one another (claim 4) and the tenant circuit breaker and the EV circuit breaker are double pole circuit breakers (claim 5). Hammerly further teaches. one (25 of 23 to left of shown 10) of the first stabs and one (24 of 23 to right of shown 10) of the second stabs are each connected (see figs. 1, 2, and 5) to both the tenant circuit breaker and the EV circuit breaker (claim 3), the tenant circuit breaker and the EV circuit breaker are arranged substantially vertically stacked side by side (see fig, 2, panelboard installed on vertical wall) with respect to one another (claim 4),the tenant circuit breaker and the EV circuit breaker are double pole circuit breakers (10, col. 2, ll. 55-56) (claim 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the U-shaped load straps and circuit breakers of Hammerly for the load straps and circuit breakers of Dixon for the purpose of using the double pole circuit breakers of Hammerly to simultaneously to switch or control two power feed lines of different electrical potential (col. 4, ll. 16-18).
Claim 6 is rejected under AIA 35 U.S.C. 103 as being unpatentable over Dixon (US 7,414,829), Hammerly (US 2,897,410) and Ogden (US 6,295,201).
Dixon and Hammerly disclose the claimed invention except for the first U-shaped load strap or the second U-shaped load strap includes an insulating sheath configured to electrically insulate the first U-shaped load strap or the second U-shaped load strap. Ogden teaches a. load strap (40 and col. 3, l. 58) includes an insulating sheath (col. 3, l. 59) configured to electrically insulate the load strap. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Dixon and Hammerly with the insulating sheath of Ogden for the purpose of insulating the load bar to prevent shorting or protect from human contact.
Allowable Subject Matter
The Examiner has not indicated any allowable subject matter because the scope of claim 6 needs to be clarified.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2,905,796 discloses stacked U-shaped load straps.
US 4,153,318 (fig. 8), 4,157,582 (fig. 3), 4,301,493 (fig. 1A, 40) disclose U-shaped load straps.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J HOFFBERG whose telephone number is (571) 272-2761. The examiner can normally be reached on Mon - Fri 9 AM - 5 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jayprakash Gandhi can be reached on (571) 272-3740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RJH 3/13/2026
/ROBERT J HOFFBERG/
Primary Examiner, Art Unit 2835