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 .
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive. The amendments made have raised new issues under 35 USC 112 as discussed further below.
Claim Objections
Claim 11 is objected to because of the following informalities:
CLAIM 11:
In line 12, delete “on the first conductor wire or”.
In the final two lines, delete “, and the second current detector is provided on the second conductor wire”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 12, and 13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
When discussing the feature of calculating a difference between values detected by the first current detector and the second current detector in paragraphs 35-36 and 48-49, the instant specification makes clear that this feature is limited to the embodiments shown in Figures 3 and 5, wherein the first current detector is provided on the first conductor wire to detect current flowing through the first conductor and the second conductor is provided on the second conductor wire to detect current flowing through the second conductor wire.
In re Claim 1, the final lines describe the feature of calculating a difference between values detected by the first current detector and the second current detector; however, lines 10-15 describe embodiments wherein the first current detector is not specifically provided on the first conductor wire to detect current flowing through the first conductor and the second current detector is not specifically provided on the second conductor wire to detect current flowing through the second conductor wire (i.e., wherein both the first and second current detector are provided on the first conductor wire or both provided on the second wire). These embodiments are not described in the application as originally filed.
In re Claim 2, both the first and second current detector are described as detecting current flowing through the first conductor wire in combination with the feature of calculating a difference between values detected by the first current detector and the second current detector as described in claim 1. This is not supported in the application as originally filed.
In re Claim 3, both the first and second current detector are described as detecting current flowing through the second conductor wire in combination with the feature of calculating a difference between values detected by the first current detector and the second current detector as described in claim 1. This is not supported in the application as originally filed.
In re Claim 12, lines 10-13 describe both the first and second current detectors being provided on the second conductor wire to detect current flowing through second conductor wire in combination with the feature of calculating a difference between values detected by the first current detector and the second current detector as described in the final lines of the claim. This is not supported in the application as originally filed.
In re Claim 13, lines 10-13 describe both the first and second current detectors being provided on the second conductor wire to detect current flowing through second conductor wire in combination with the feature of calculating a difference between values detected by the first current detector and the second current detector as described in the final lines of the claim. This is not supported in the application as originally filed.
Claims 1-3, 12, and 13 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.
When discussing the feature of calculating a difference between values detected by the first current detector and the second current detector in paragraphs 35-36 and 48-49, the instant specification makes clear that this feature is limited to the embodiments shown in Figures 3 and 5, wherein the first current detector is provided on the first conductor wire to detect current flowing through the first conductor and the second conductor is provided on the second conductor wire to detect current flowing through the second conductor wire.
However, the below claims include limitations that contradict this arrangement.
In re Claim 1, the final lines describe the feature of calculating a difference between values detected by the first current detector and the second current detector; however, lines 10-15 describe embodiments wherein the first current detector is not specifically provided on the first conductor wire to detect current flowing through the first conductor and the second current detector is not specifically provided on the second conductor wire to detect current flowing through the second conductor wire (i.e., wherein both the first and second current detector are provided on the first conductor wire or both provided on the second wire). This inconsistency between the claims and the specification raises an issue of indefiniteness.
In re Claim 2, both the first and second current detector are described as detecting current flowing through the first conductor wire in combination with the feature of calculating a difference between values detected by the first current detector and the second current detector as described in claim 1. This inconsistency between the claims and the specification raises an issue of indefiniteness.
In re Claim 3, both the first and second current detector are described as detecting current flowing through the second conductor wire in combination with the feature of calculating a difference between values detected by the first current detector and the second current detector as described in claim 1. This inconsistency between the claims and the specification raises an issue of indefiniteness.
In re Claim 12, lines 10-13 describe both the first and second current detectors being provided on the second conductor wire to detect current flowing through second conductor wire in combination with the feature of calculating a difference between values detected by the first current detector and the second current detector as described in the final lines of the claim. This inconsistency between the claims and the specification raises an issue of indefiniteness.
In re Claim 13, lines 10-13 describe both the first and second current detectors being provided on the second conductor wire to detect current flowing through second conductor wire in combination with the feature of calculating a difference between values detected by the first current detector and the second current detector as described in the final lines of the claim. This inconsistency between the claims and the specification raises an issue of indefiniteness.
For the purpose of examination the claims will be interpreted as follows:
CLAIM 1:
In line 10, delete “or the second conductor wire”.
In lines 11 and 12, delete “or the second conductor wire”.
In line 13, delete “the first conductor wire or”.
In line 14, delete “the first conductor wire or”.
CANCEL CLAIMS 2-4.
CLAIM 12:
In line 10, replace “second” with --first--.
In line 11, replace “second” with --first--.
CLAIM 13:
In line 10, replace “second” with --first--.
In line 11, replace “second” with --first--.
Allowable Subject Matter
Claim 11 has been amended to incorporate the previously indicated allowable subject matter of claim 15 and is allowed for the reasons discussed in the previous action.
Claims 1, 12, 13, and 16-18 would be allowed based on the above claim interpretation because the prior art fails to teach the feature of calculating a difference between values detected by the first current detector and the second current detector.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER JAY CLARK whose telephone number is (571)270-1427. The examiner can normally be reached Monday - Friday, 10:00am - 6:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thienvu Tran can be reached at 571-270-1276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER J CLARK/Examiner, Art Unit 2838
/THIENVU V TRAN/ Supervisory Patent Examiner, Art Unit 2838
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