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.
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:
Claim(s)
Generic Placeholder or “means for”
Functional Language
Corresponding Structure
4
a measurement “unit”
as at least one of a three-phase leakage current measurement unit configured to clamp the wirings for the three phases in the three-phase different capacity connection together
No corresponding structure could be found in the specification
6
a three-phase leakage current measurement “unit”
configured to clamp the wirings for the three phases in the three-phase different capacity connection together
No corresponding structure could be found in the specification
6
a measurement “unit” of the first measurement device
functions as the three-phase leakage current measurement unit
No corresponding structure could be found in the specification
6
a measurement “unit” of the second measurement device
functions as the single-phase leakage current measurement unit
No corresponding structure could be found in the specification
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 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 4-6 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. As described above, the disclosure does not provide adequate structure to perform each of the claimed functions cited above in the column of the 112(f) grid entitled “Functional Language” for each of the respective placeholders.
The specification with regards to “a measurement unit” (claim 4, lines 1-2), “a three-phase leakage current measurement unit” (claim 4, Lines 2-3), “a measurement unit of the first measurement device” (claim 6, line 4), and “a measurement unit of the first measurement device” (claim 6, line 6) does not demonstrate that the application has made an invention that achieves the claimed function because the invention is not described with sufficient detail that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention.
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 4-6 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 limitations:
“a measurement unit” (claim 4, lines 1-2)
“a three-phase leakage current measurement unit” (claim 4, Lines 2-3)
“a measurement unit of the first measurement device” (claim 6, line 4)
“a measurement unit of the first measurement device” (claim 6, line 6)
invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
Because the amplifier device has no structure in the specification that matches the said amplifier device, it is unclear as to what the amplifier device is because the metes and bounds of said unit cannot be ascertained with certainty.
Because the evaluation device has no structure in the specification that matches the said evaluation device, it is unclear as to what the evaluation device is because the metes and bounds of said unit cannot be ascertained with certainty.
Therefore, the claims are indefinite and rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 5-6 are also subsequently rejected due to their dependency on Claim 4.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takeya (JP JP2011153910A, cited in IDS, heretofore referred to as Takeya).
Regarding claim 1, Takeya teaches a measurement method (Takeya; Par 0013) comprising: acquiring a three-phase leakage current (Takeya; Fig 2, Element I0 connected to Element 16) measured by clamping wirings for three phases (Takeya; Fig 2, Element 9) in three-phase different capacity connection (Takeya; Fig 2, Element 16 and Par 0047-0048; Takeya teaches measuring the zero phase leakage current in the system); acquiring a single-phase leakage current (Takeya; Fig 2, Element I0 connected to Element 16s) measured by clamping wirings for two phases (Takeya; Fig 2, Element 9) whose midpoint being grounded (Takeya; Fig 2, Element G), of the three phases in the three-phase different capacity connection (Takeya; Fig 2, Element 16s and Par 0047-0048; Takeya teaches measuring the zero phase leakage current in the system); calculating, based on the three-phase leakage current and the single-phase leakage current, a resistance component of a leakage current flowing through a wiring for each of the three phases in the three-phase different capacity connection (Takeya; Par 0046-0049; Takeya teaches calculating the leakage resistances ru, rv, and rw corresponding to the three phases); and outputting a measurement result of the resistance component of the leakage current flowing through the wiring for each of the three phases in the three-phase different capacity connection (Takeya; Fig 2, Element 15 and Par 0047; Takeya teaches outputting the results to a display).
Regarding claim 2, Takeya teaches the measurement method according to claim 1, wherein the acquiring of the three-phase leakage current and the acquiring of the single-phase leakage current are performed in parallel (Takeya; Par 0027; Takeya teaches the system is connected in parallel for measurements).
Regarding claim 3, Takeya teaches a measurement device (Takeya; Fig 2 and Par 0013) configured to: acquire a three-phase leakage current (Takeya; Fig 2, Element I0 connected to Element 16) measured by clamping wirings for three phases (Takeya; Fig 2, Element 9) in three-phase different capacity connection together (Takeya; Fig 2, Element 16 and Par 0047-0048; Takeya teaches measuring the zero phase leakage current in the system), and a single-phase leakage current (Takeya; Fig 2, Element I0 connected to Element 16s) measured by clamping wirings for two grounded phases (Takeya; Fig 2, Element 9) whose midpoint being grounded (Takeya; Fig 2, Element G), of the three phases in the three-phase different capacity connection (Takeya; Fig 2, Element 16s and Par 0047-0048; Takeya teaches measuring the zero phase leakage current in the system); calculate, based on the three-phase leakage current and the single-phase leakage current, a resistance component of a leakage current flowing through a wiring for each of the three phases in the three-phase different capacity connection (Takeya; Par 0046-0049; Takeya teaches calculating the leakage resistances ru, rv, and rw corresponding to the three phases); and output a measurement result of the resistance component of the leakage current flowing through the wiring for each of the three phases in the three-phase different capacity connection (Takeya; Fig 2, Element 15 and Par 0047; Takeya teaches outputting the results to a display).
Regarding claim 4, Takeya teaches the measurement device according to claim 3, comprising a measurement unit that functions as at least one of a three-phase leakage current measurement unit configured to clamp the wirings for the three phases in the three-phase different capacity connection together (Takeya; Fig 2, Elements 9, 16, and Par 0047-0048; Takeya teaches a measuring loop and controller for the three phase wiring), or a single-phase leakage current measurement unit configured to clamp the wirings for the two grounded phases (Takeya; Fig 2, Elements 9s, 16s, and Par 0047-0048; Takeya teaches a measuring loop and controller for the two phase wiring).
Regarding claim 5, Takeya teaches the measurement device according to claim 4, comprising both of the three-phase leakage current measurement unit and the single-phase leakage current measurement unit, as the measurement unit (Takeya; Fig 1, Elements 9, 16, and Par 0047-0048; Takeya teaches a measuring loop and controller for the may be combined for both wirings).
Regarding claim 6, Takeya teaches a measurement system comprising the measurement device according to claim 4 as each of first and second measurement devices, wherein a measurement unit of the first measurement device functions as the three-phase leakage current measurement unit (Takeya; Fig 2, Elements 9, 16, and Par 0047-0048; Takeya teaches a measuring loop and controller for the three phase wiring), a measurement unit of the second measurement device functions as the single-phase leakage current measurement unit (Takeya; Fig 2, Elements 9s, 16s, and Par 0047-0048; Takeya teaches a measuring loop and controller for the two phase wiring), and a processor of any one of the first measurement device or the second measurement device calculates a resistance component of a leakage current flowing through a wiring for each of the three phases in the three-phase different capacity connection (Takeya; Par 0046-0049; Takeya teaches calculating the leakage resistances ru, rv, and rw corresponding to the three phases with either 16 or 16s from the measurement unit).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Schaefer et al teaches a method for measuring the leakage resistance.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM S CLARKE whose telephone number is (571)270-3792. The examiner can normally be reached M-F 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Judy Nguyen can be reached at (571)272-2258. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM S CLARKE/Examiner, Art Unit 2858
/NEEL D SHAH/Primary Examiner, Art Unit 2858