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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the wireless transmission collection units in claim 1-10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim1-10 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 9 recites the limitation "the steps of any one of the methods claimed in claim 1". There is insufficient antecedent basis for this limitation in the claim. Claim 1 is a system claim.
Claim 9 recites the limitation "the steps of implementing any one of the methods claimed in claim 1". There is insufficient antecedent basis for this limitation in the claim. Claim 1 is a system claim.
Referring to claim 1, 2, for example, claim 1, line 28 recites the limitation “the wireless transmission collection unit”, however lines 1-28 recites the limitations of plural units. Therefore the recitation of “the wireless transmission collection unit” in the same or subsequent claim is unclear because it is uncertain which of the units was intended (MPEP 2173.05(e)). For purposes of examination, it will be assumed that the “the wireless transmission collection unit” is “the wireless transmission collection units”.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claimed medium can be interpreted to be in the form of a signal, such as a transmission medium or carrier wave. Such transmission medium or carrier wave claims are ineligible for patent protection because they do not fall within any of the four statutory classes of § 101.
Allowable Subject Matter
Claim 1-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b), 101, or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
While U.S. Pub. No. 2021/0014122 to Patil teaches
1. An intelligent operation and maintenance control platform for secondary power system, comprising: an interval layer; a transmission layer; a station control layer; a platform layer; a system layer; an application layer; and a disaster recovery backup centre, wherein the interval layer comprising all wired transmitting secondary equipment and wireless transmission collection units in a subsystem (Figs. 1, 5, 6; paragraph 2, 34-49, 73-113),
wherein the secondary equipment comprises: a protection device; a fault recording device; a traveling wave distance measurement device; a pressing plate monitoring device; a power quality device (paragraph 2, 34-49);
and the data from the second equipment is transmitted to a wired transmission layer via a wired transmission (paragraphs 70, 73, 73, 75, 76, 82, 87, 96, 97, 98, 107); wherein the wireless transmission collection units comprise a MEMS microsensor (paragraph 39);
and the wireless transmission collection units collect external operational information of a secondary system, which is transmitted wirelessly within the subsystem, and the wireless transmission collection unit is connected to a wireless transmission layer, and the wireless transmission collection unit sends the collected external operational information of the secondary system to a wireless receiving host of the wireless transmission layer (paragraph 79), wherein the external operational information of the secondary system is an operation status information of associated equipment of the secondary system, a behaviour information of an on-site operation personnel of a relay protection device, and an environmental information of the subsystem (paragraph 2, 34-49).
Patil fails to teach all the claimed features of applicant’s instant invention, specifically including:
1. An intelligent operation and maintenance control platform for secondary power system, comprising:
an interval layer;
a transmission layer;
a station control layer;
a platform layer;
a system layer;
an application layer; and
a disaster recovery backup centre,
wherein the interval layer comprising all wired transmitting secondary equipment and wireless transmission collection units in a substation,
wherein the secondary equipment comprises:
a protection device;
a fault recording device;
a traveling wave distance measurement device;
a pressing plate monitoring device;
a power quality device; and
an AC/DC system,
and the data from the second equipment is transmitted to a wired transmission layer via a wired transmission;
wherein the wireless transmission collection units comprise
a MEMS power supply and communication module;
a MEMS microsensor; and
a MEMS micro actuator,
and the wireless transmission collection units collect external operational information of a secondary system, which is transmitted wirelessly within the substation, through a microelectromechanical system and radio frequency MEMS technology, and the wireless transmission collection unit is connected to a wireless transmission layer, and the wireless transmission collection unit sends the collected external operational information of the secondary system to a wireless receiving host of the wireless transmission layer, wherein the external operational information of the secondary system is an operation status information of associated equipment of the secondary system, a behaviour information of an on-site operation personnel of a relay protection device, and an environmental information of the substation.
It is for these reasons that applicant’s invention defines over the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN P SHECHTMAN whose telephone number is (571)272-3754. The examiner can normally be reached 9:30am-6:00pm, M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Kraig can be reached at 571-272-8660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sean Shechtman/ Primary Examiner, Art Unit 2896