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 Objections
1. Claims 1, 2, 10, 11, 16 are objected to because of the following informalities:
Claim 1, line 5, “sensor data” changes to “the sensed current”. Line 7, “the sensor data” changes to “the sensed current”.
Claims 2, 10, “the sensor data” changes to “the sensed current”.
Claim 11, “the sensor data” changes to “the sensed current”
Claim 16, line 2, “available power” changes to “an available power”.
Appropriate correction is required.
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.
2. Claims 1-10, 12, 13, 17, 18 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Mergener et al (USPN 2017/0125984).
Regarding claim 1, Mergener discloses an apparatus (shown in figure 2), comprising:
a sensor (a current sensor 152) configured to measure a first circuit breaker current (a main circuit breaker 136);
a second circuit breaker (such as circuit breaker 154d); and
control circuitry (a controller 150) configured to: receive, from the sensor, sensor data that is based upon the measured first circuit breaker current (see par. 0027);
determine an available current based on the sensor data (from the sensor 152) and a current rating (such as a disconnect current threshold 158) (an available current determined by comparing the sum of currents from the current sensor 152 with the threshold, see par. 0037, and figure 4a); and
set a current trip value for the second circuit breaker (154d) based on the determined available current (see par. 0037 and figure 4a).
Regarding claims 2, 3, Mergener discloses wherein the sensor data is indicative of an electrical parameter measurement (such as current measurement, see par. 0027, 0037).
Regarding claim 4, Mergener discloses wherein the sensor (the current sensor 152, see par. 0027) is incorporated into a utility meter, a first circuit breaker (a main circuit breaker 136) associated with the first circuit breaker current (such as a current 156 shown in figure 4b), or a busbar.
Regarding claim 5, Mergener discloses wherein the sensor (the current sensor 152) is connected between a utility meter and a first circuit breaker associated with the first circuit breaker current, between the utility meter and a busbar, or between the first circuit breaker (the main circuit breaker 136) and the busbar (the busbar between the main circuit breaker 136 and sub-circuit breaker 138, see figure 2).
Regarding claim 6, Mergener discloses wherein a first circuit breaker (136) associated with the first circuit breaker current (see figure 4b, see par. 0036) comprises the sensor (152).
Regarding claim 7, Mergener discloses wherein a first circuit breaker (the main circuit breaker 136) associated with the first circuit breaker current comprises switching circuitry (such as a toggle switch, see par. 0025).
Regarding claims 8, 9, Mergener discloses wherein a first circuit breaker (the main circuit breaker 136) associated with the first circuit breaker current is coupled to a service panel (an electrical box 110), wherein the service panel is coupled to an electrical grid (102) (see figures 1, 2).
Regarding claim 10, Mergener discloses wherein the control circuitry (150) is configured to determine an available power based on the received sensor data (by adjusting the power consumed by the loads 140 to determine when an available power remains, see par. 0037).
Regarding claim 12, Mergener discloses wherein the control circuitry (the controller 150) is configured to determine the current rating (the disconnect current threshold 158) based on a current rating (156) of a first circuit breaker (136) associated with the first circuit breaker current (a current threshold of the main circuit breaker 136)(see figure 4a).
Regarding claim 13, wherein the current rating (the disconnect current threshold 158 is set up in a range of 15 to 19 A, see par. 0030, 0036) is between 50% to 90% of a current rating of the first circuit breaker (20A) (about 75% to 95%).
Regarding claim 17, Mergener discloses wherein the control circuitry (150) is configured to change the current trip value (changing a new priority disconnect threshold 160 received from an external device 162) based on a predicted load power (based on a user input to modify the priority level of each output circuits 140, see par. 0060).
Regarding claim 18, Mergener discloses wherein the control circuitry (150) is configured to determine the predicted load power based on historical data (such as level of priority disconnection data, see par. 0060) .
Claim Rejections - 35 USC § 103
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 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.
3. Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Mergener et al (USPN 2017/0125984) in view of Lebeau et al (USPN 2023/0093980).
Regarding claims 14, 15 Mergener discloses all limitations of claim 1 as discussed above, but does not explicitly disclose the control circuitry as claimed.
Lebeau discloses an electricity distribution system comprises a control circuitry (control circuitry 100) is configured to determine a current rating (a protection threshold) based on a current rating of a busbar (a current rating of a busbar 36) connected to a first circuit breaker (a main circuit breaker 11) associated with the first circuit breaker current (a current rating of the main circuit breaker 11)(see par. 0118-0120), wherein the current rating (63 A) is between 50% to 90% of a current rating (96 A) of the busbar.
It 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 to have modified the control circuitry of Mergener to incorporate determined the current rating based on a current rating of a busbar as disclosed by Lebeau in order to prevent an excess current flowing through the busbar so that protecting the busbar from damage.
4. Claims 16, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Mergener et al (USPN 2017/0125984) in view of Hewitt et al (USPN 2018/0366885).
Regarding claim 16, Mergener discloses all limitations of claim 1 as discussed above, but does not explicitly disclose the control circuitry as claimed.
Hewitt discloses an overload protection circuit of a power distribution device comprises control circuitry (130) configured to change the current trip value (changing aggregate current threshold, see par. 0078) based on available power not utilized by a plurality of loads (unused sockets, see par. 0033).
It 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 to have modified the control circuitry of Mergener to incorporate changing the current rating based on available power not utilized by a plurality of loads as disclosed by Hewitt in order to prevent additional current draw while allowing drawing current continue to flow.
Regarding claim 19, Mergener discloses all limitations of claim 1 as discussed above, but does not explicitly disclose the control circuitry as claimed.
Hewitt discloses wherein the control circuitry (130) is configured to change the current trip value (changes to second current threshold due to increasing power demand in load, see par. 0035) based on a load power demand.
It 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 to have modified the control circuitry of Mergener to incorporate changing the current rating based on load demand as disclosed by Hewitt in order to prevent an excess current flowing through the busbar so that protecting the busbar from damage.
5. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Mergener et al (USPN 2017/0125984) in view of Soni (USPN 2006/0190140).
Regarding claim 20, Mergener discloses all limitations of claim 1 as discussed above, but does not explicitly disclose the control circuitry as claimed.
Soni discloses a smart disconnector device comprises a control circuitry (10) is configured to change the current trip value (changes to current threshold due to temperature or weather data, see par. 0021, 0035) based on time data, temperature data, or weather data.
It 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 to have modified the control circuitry of Mergener to incorporate changing the current rating based on temperature data as disclosed by Soni in order to allow controlling power demand under a hazard condition from exceeding utility capacity while providing an overcurrent protection.
Allowable Subject Matter
6. Claim 11 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANNY NGUYEN whose telephone number is (571)272-2054. The examiner can normally be reached M-F 8:00AM-4:30PM.
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/DANNY NGUYEN/Primary Examiner, Art Unit 2838