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 .
Status of Claims
Claims 1-11 are pending and presented for prosecution below.
Double Patenting
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 Burrussi, 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 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 12015303. Although the claims at issue are not identical, they are not patentably distinct from each other because: Claim 1 of the instant application and claim 1 of o‘303 both recite (summarized) a system comprising: a solar panel; a battery charger coupled to the solar panel; the battery charger having a receptacle to at least partially receive a rechargeable battery for charging; an independent and disconnected inverter having a similar receptacle; the battery being inserted in the battery charger in one state for charging and then inserted into the independent inverter for discharging/ supplying power.
The ’303 patent recites the inverter as separate, independent and disconnected; thus the ‘303 is seen to be narrower and thus anticipatory to the instant claim 1. The remaining claims 2-11 of the instant application and ‘303 are identical. Therefore, the ‘303 patent is seen to be anticipatory to the instant application.
Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 12519337 in view of Davidson, US-20150048778. Claim 1 is not patentably distinct because the ‘337 claim 1 recites every limitation of the instant claim 1, but does not disclose: the inverter device being “permanently and at all times independent of and disconnected from the solar panel device”.
Davidson discloses: the inverter device being “permanently and at all times independent of and disconnected from the solar panel device” [Figs. 2 and 6, portable generator 400 with inverter 404 receives power by accepting insertable rechargeable modular battery 208, as opposed to needing charge from a connected solar panel. Pars. 0022, 0039 and 0047].
‘337 and Davidson are in the same field of endeavor, namely inverters that accept rechargeable battery modules for supplying power. 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 device of ‘337 claim 1 to be permanently and at all times independent of and disconnected from the solar panel, as taught by Davidson, for the explicit benefit of allowing the inverter to be used at any location without an electrical connection [e.g. see Davidson, pars. 0022, 0039, 0047].
Claims 1-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of copending Application No. 19419941 (reference application) in view of Davidson, US-20150048778. Claim 1 of the instant application is obvious over claims 1-3 in view of Davidson; and dependent claims 3, 4, 8-11 are identical to corresponding claims 5-10.
Claim 1 is not patentably distinct because the ‘941 claims 1-3 recite every limitation of the instant claim 1, but does not disclose: the inverter device being “permanently and at all times independent of and disconnected from the solar panel device”.
Davidson discloses: the inverter device being “permanently and at all times independent of and disconnected from the solar panel device” [Figs. 2 and 6, portable generator 400 with inverter 404 receives power by accepting insertable rechargeable modular battery 208, as opposed to needing charge from a connected solar panel. Pars. 0022, 0039 and 0047].
‘337 and Davidson are in the same field of endeavor, namely inverters that accept rechargeable battery modules for supplying power. 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 device of ‘337 claim 1 to be permanently and at all times independent of and disconnected from the solar panel, as taught by Davidson, for the explicit benefit of allowing the inverter to be used at any location without an electrical connection [e.g. see Davidson, pars. 0022, 0039, 0047].
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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) 1-6 and 8-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Davidson US 20150048778.
Regarding claim 1, Davidson discloses a system [see Figs. 2 and 4, reproduced below] comprising:
a rechargeable battery adapted to store energy [Fig. 2, modular battery 208];
a solar panel device [Fig. 1, solar panels 106] comprising:
a solar panel element [par. 0025] adapted to receive sunlight and generate energy; and
a battery charger [Figs. 1 and 2; modular battery charging station 104 containing charging unit 204] coupled to the solar panel element [pars. 0024, 0025, 0029], the battery charger comprising, while in a fully assembled and operative condition, a first body including an external surface having a first opening [Fig. 2, side access panel 210], and a first receptacle [par. 0031, cavity] accessible via the first opening [par. 0035], the battery charger adapted to:
receive energy from the solar panel element [pars. 0025, 0029];
receive at least a first portion of the rechargeable battery via the first opening and retain at least the first portion of the rechargeable battery in the first receptacle [par. 0031 cavity];
connect electrically to the rechargeable battery [Par. 0033, Fig. 2, via connections 214. Per claim 12 the recited “one or more connectors disposed in the receptacle” is equated to connections 214]; store energy in the rechargeable battery [par. 0026]; and disconnect electrically from the rechargeable battery [pars. 0028]; and
an inverter device [par. 0036 modular battery generator; Figs. 4 and 6 modular generator 400 (with inverter 404)] permanently and at all times independent of [Fig. 6, generator 400 (with inverter 404) is permanently and at all times independent of solar panels 106, drawing power from its removable battery modules 208 instead] and disconnected from the solar panel device [generator 400 with inverter 404 is disconnected from the solar panels, Fig. 6, par. 0039], and adapted to operate separately from, independently of, and while disconnected from the solar panel device, and adapted to being located remotely from the solar panel device, the inverter device comprising, while in a fully assembled and operative condition, a second body different from the first body, the second body including a second surface including a second opening, a second receptacle [par. 0040 cavity] accessible via the second opening, and a power outlet [Fig. 2, outlet 406], the inverter device further adapted to:
receive at least a second portion of the rechargeable battery [battery 208] via the second opening and retain at least the second portion of the rechargeable battery in the second receptacle [par. 0040 cavity];
connect electrically to the rechargeable battery [when the battery 208 is inserted];
receive energy from the rechargeable battery [when the battery 208 is removed];
produce an electric current via the power outlet [Fig. 2 outlet 406]; and
disconnect electrically from the rechargeable battery [par. 0039]; wherein:
the system has a first state in which at least the first portion of the rechargeable battery is disposed in the first receptacle [par. 0031, cavity] of the battery charger [Figs. 1 and 2; modular battery charging station 104 containing charging unit 204], and the rechargeable battery [battery 208] is coupled to the battery charger and decoupled from the inverter device [par. 0039]; and
the system has a second state in which at least the second portion of the rechargeable battery is disposed in the second receptacle [par. 0040 cavity] of the inverter device [par. 0036 modular battery generator; Fig. 4 modular generator 400 (with inverter 404)], and the rechargeable battery is coupled to the inverter device and decoupled from the battery charger [pars. 0036, 0039, 0040].
PNG
media_image1.png
534
488
media_image1.png
Greyscale
PNG
media_image2.png
486
440
media_image2.png
Greyscale
Regarding claim 2, Davidson discloses the system of claim 1, wherein: the solar panel device [Fig. 1, solar panels 106] comprises: a first side [upper surface facing the sky] and a second side [lower surface facing the roof] opposite the first side; and one or more photovoltaic cells disposed on the first side of the solar panel device [Fig. 1, inherently on the upper surface, par. 0025]; the system further comprising: a support structure [Fig. 1, the roof] disposed on the second side of the solar panel device, the support structure adapted to support at least the solar panel device [par. 0023]; wherein the battery charger [modular battery charging station 104] is disposed between the support structure and the solar panel device [as seen in Fig. 1; par. 0024].
Regarding claim 3, Davidson discloses the system of claim 1, wherein: the first body of the battery charger [Figs. 1 and 2; modular battery charging station 104 containing charging unit 204] further comprises an external surface; the first receptacle [par. 0031 cavity] is located within the first body; and the first receptacle comprises a cavity [par. 0031 cavity] adapted to hold at least the first portion of the rechargeable battery, wherein the first opening is located in the external surface of the first body, the first opening adapted to allow the at least the first portion of the rechargeable battery to be inserted into and removed from the cavity [par. 0039]; and one or more connectors within the cavity [Fig. 2, connections 214], the one or more connectors adapted to transfer energy into the rechargeable battery [par. 0033].
Regarding claim 4, Davidson discloses the system of claim 3, wherein the battery charger [Figs. 1 and 2; modular battery charging station 104 containing charging unit 204] further comprises: a cover [Fig. 2, panel 210] adapted to cover the opening; wherein the cover has a closed position in which the cover covers the opening and an open position in which the cover does not cover the opening and allows at least the first portion of the rechargeable battery to be inserted into and removed from the cavity [par. 0035].
Regarding claims 5, 13, Davidson discloses the system of claim 1, further comprising: a support structure [Fig. 1, house roof indicated at 102] coupled to the solar panel device [solar panel 106], the support structure adapted to support the solar panel device in a selected/desired position [Fig. 1, slanted to the sun, as seen].
Regarding claim 6, Davidson discloses the system of claim 5, wherein the support structure [par. 0039 house roof as indicated at 102, Fig. 1] includes one of a tripod and a plurality of legs [the walls holding up the roof can be considered “legs”. Alternatively, the studs used to frame the walls of a standard home can be considered “legs”].
Regarding claim 8, Davidson discloses the system of claim 1, wherein: the rechargeable battery is separate from the solar panel device and separate from the inverter device; the rechargeable battery is adapted to be manually inserted into and manually removed from the battery charger; and the rechargeable battery is adapted to be manually inserted into and manually removed from the inverter device [pars. 0036, 0039, 0040].
Regarding claim 9, Davidson discloses the system of claim 3, wherein the inverter device comprises: a second body having a second external surface, the second receptacle being located within the second body, the second receptacle comprising a second cavity adapted to hold at least the second portion of the rechargeable battery, wherein the second opening is located in the second external surface of the second body, the second opening adapted to allow the at least the second portion of the rechargeable battery to be inserted into and removed from the second cavity; and one or more second connectors within the second cavity, the one or more second connectors adapted to receive energy from the rechargeable battery [pars. 0036, 0039, 0040].
Regarding claim 14, Davidson discloses the system of claim 12, wherein the inverter device further comprises: a device adapted to convert the energy received from the battery from a first form to a second form that can be provided via the power outlet [Fig. 4, outlet 406, par. 0039].
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, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7, 10, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davidson US 20150048778.
Regarding claim 7, Davidson discloses the system of claim 5, but is silent regarding: wherein a central axis of the support structure (in Davidson’s case the roof of the house) passes through a center of gravity of the battery charger.
However, if one of ordinary skill in the art wanted to locate the modular battery charging station 104 in a central location for space availability and/or consolidating utilities indoors for weather reasons, it would be an obvious matter to place the charger internal to the house and in the center of the house (i.e. “center of gravity” of the roof) for the benefit of taking advantage of available space, for example in the center of the attic or basement, where other utilities such as central heating and cooling are already commonly located.
Regarding claims 10 and 11, Davidson discloses the system of claim 1 but does not disclose: wherein: the rechargeable battery further comprises a memory storing a first code; the inverter device / battery charger further comprises: a security system adapted to: receive from a user a second code; determine whether the first code matches the second code; and allow the user to access the inverter / battery charger device only if the first code matches the second code.
Examiner takes Official Notice, /AW MPEP 2144.03, as to the common knowledge of the recited subject matter(s).
Security systems for battery chargers and inverters requiring a user code to match a stored battery code are well-known in the art of power supplies. It would have been obvious to one of ordinary skill in the art at the time of the filing to incorporate such a known security system requiring a user code to match before being able to use the charger and inverter, for the benefit of securing the power supply from unauthorized and possibly unsafe use, as well as to disable the power supply in order to discourage theft.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20120112544 discloses a portable power supplying system includes an enclosure including at least one wheel mounted to a bottom portion of the enclosure, a battery secured within the enclosure, and a battery charger secured within the enclosure. The battery charger is electrically connected to the battery for charging the battery. The system further includes a DC/AC inverter secured within the enclosure. The DC/AC inverter is electrically connected to the battery, and is configured to convert a direct current supplied by the battery to an alternating current. The system further includes a power outlet including at least one female household electrical connection, and a transfer switch secured within the enclosure. The transfer switch is electrically connected to the DC/AC inverter, the battery charger, the power outlet and a power source input.
US-20150171632 discloses a portable power source includes a housing and a battery receptacle supported by the housing. The battery receptacle is configured to receive a battery. The portable power source also includes a first power tool battery pack port that is configured to receive a first power tool battery pack. The portable power source further includes a charging circuit coupled to the battery receptacle and the power tool battery pack, and an inverter. The charging circuit is configured to receive power from the battery receptacle and to provide power to the power tool battery pack port. The inverter includes a DC input coupled to the battery receptacle, inverter circuitry, and an AC output. The inverter circuitry is configured to receive power from the battery receptacle via the DC input, invert DC power received from the battery receptacle to AC power, and provide the AC power to the AC output.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD V MURALIDAR whose telephone number is (571)272- 8933. The examiner can normally be reached M - W 9:30 am to 6:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are
unsuccessful, the examiner’s supervisor, Drew Dunn can be contacted at 571-272-2312. The fax phone number for the organization where this application or proceeding is assigned is 571-273- 8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available
to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent -center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
RICHARD V. MURALIDAR
Primary Examiner Art Unit 2859
/RICHARD V MURALIDAR/Primary Examiner, Art Unit 2859
