DETAILED ACTION
Claims 1-9 are presented for examination.
The present application is being examined under the AIA (America Invents Act) First Inventor to File.
This Office Action is Final.
This action is responsive to the following communication: the response filed on 08-21-2025.
Claim Objections
Claim objections presented during the Non-Final Office Action are withdrawn, in light of the amendment filed by Applicant(s).
Claim Rejections - 35 USC § 101
Claim rejections under 35 U.S.C. 101 have been withdrawn, in light of the amendment filed by Applicant(s).
Double Patenting1
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-9 are provisionally rejected on the ground of Non-Statutory double patenting as being unpatentable over claims 1-7 of co-pending Application No. 18/013, 251 (hereinafter Application No. ‘251) in view of JP Patent Publication 2018-201331. Although the claims at issue are not identical, they are not patentably distinct from each other because the following:
As per claims 1, 7-9, Application No. ‘251 discloses a network unit comprising:
a first communication circuit configured to receive data from a power supply device; ( a first communication unit that receives state data ; claims 1-5)
a second communication circuit configured to perform communication via a specific network; (a second communication unit that performs communication via a specific network; claims 1-5)
a third communication circuit configured to perform communication via a communication medium that differs from the specific network; (a third communication unit that performs communication via a communication medium different from the specific network; claims 1-5)
an operating unit that includes a changeover switch; and (an operation unit including a changeover switch; claims 1-5)
a control circuit configured to control the communications performed by the first communication unit to the third communication unit, (a control unit that controls communication by the first to third communication units; claims 1-5) wherein the control unit is configured to communicate with another device by the second communication unit in accordance with setting in the specific network in response to a state of the changeover switch, and (wherein the control unit transmits the state data from the second communication unit according to a setting in the specific network according to a state of the changeover switch; claims 1-5)
the control circuit is configured to communicably connected to a user terminal by the third communication circuit (a control unit that controls communication by the first to third communication units; claims 1-5) when the network interface is activated with a state of the changeover switch being in a predetermined state. ( the network unit is activated with the changeover switch being in a predetermined state, the control unit performs communication connection with a specific communication device by the third communication unit; claims 1-5)
Application No. ‘251 does not distinctly disclose a power converter.
However, JP Patent Publication 2018-201331 discloses a power converter. (UPS converting AC power; Fig’s 1-3, ¶s ¶ [0019]-[0020] )
It would have been obvious before the effective filing date of the claimed invention to modify the teachings of Application No. ‘251 and JP Patent Publication 2018-201331 because both references are in the same field of endeavor. JP Patent Publication 2018-201331’s teaching of using a converter within the UPS would enhance Application No. ‘251's system by allowing power to be converted for use in providing backup power for loads, thus improving power reliability for the computer system.
As per claim 2, Application No. ‘251 as modified discloses a network unit wherein the operating unit includes a reset unit configured to generate an interruption in the control unit, and the control unit is configured to determine whether or not the state of the changeover switch is the predetermined state each time the reset unit is operated so that the interruption is generated. (claim 2)
As per claim 3, Application No. ‘251 as modified discloses a wherein the control unit is provided independently from a power supply device control unit that controls the power converter, and the network unit is configured to continue an operation of the power supply device during a period in which the network unit is activated with the state of the changeover switch being in the predetermined state. (claim 1)
As per claim 4, Application No. ‘251 as modified discloses a network unit according to claim 1 wherein when a predetermined timeout period has elapsed after the network unit is activated with the state of the changeover switch being in the predetermined state, the control unit is configured to transition to a state where the control unit performs communication in accordance with the setting by the second communication unit. (claims 2-4)
As per claim 5, Application No. ‘251 as modified discloses a wherein when the network unit is activated with the state of the changeover switch being in the predetermined state, the control unit is configured to cause the third communication unit to function as an access point, and is configured to perform communication connection with a communication device that transmits a valid password. (claim 4)
As per claim 6, Application No. ‘251 as modified discloses a power supply device comprising: a power converter; and the network unit according to claim 1 (JP Patent Publication 2018-201331: Fig’s 1-3, ¶s ¶ [0019]-[0020] )
Thus, a later application claim is not patentably distinct from an earlier patent claim if the later claim is anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus).” ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
Allowable Subject Matter over 35 USC § 102/103
Claim 1-9 are allowed.
Conclusion
THIS ACTION IS MADE FINAL. 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 AUREL PRIFTI whose telephone number is (571)270-1743. The examiner can normally be reached on M-F 8 a.m.- 6 p.m..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew J. Jung can be reached on 571-270-3779. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AUREL PRIFTI/Primary Examiner, Art Unit 2175
Aurel Prifti
Primary Examiner
Art Unit 2175
Tel. (571) 270-1743
Fax (571) 270-2743
aurel.prifti@uspto.gov
1 The remarks filed on August 21 note that the Applicant has filed a terminal disclaimer. However, no terminal disclaimer has been filed.