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, filed 1/2/2026, with respect to non-statutory double patenting have been fully considered, but are not persuasive, since the existing patented claims already disclose the claimed subject matter of the amended claims. In particular, claims 1, 6, and 12 disclose the additional limitations added to claims 1, 8 and 15 from dependent claims 2, 9, and 16, respectively. However, these rejections were unintentionally omitted from the previous Office Action of 10/1/2025. As such, the present Office Action will be “non final”.
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 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, 3, 5, 8, 14 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 3, 9, and 13 of U.S. Patent No. 11,973,350. Although the claims at issue are not identical, they are not patentably distinct from each other because patented claims disclose all of the claimed subject matter in the present application.
Regarding claim 1, claim 3 (including base claim 1) of US 11,973,350 discloses transmitter, comprising:
an oscillator configured to generate a clock signal (col. 8, line 27);
a modulator configured to generate, based on the clock signal, first signals to be transmitted on a first power line or a second power line (col. 8, ll. 28-30);
a control circuit configured to adjust timing of the first signals, transmitted on the first power line, in synchronization with second signals transmitted on the second power line, by synchronizing phase of the first signals and the second signals or by transmitting the first signals and the second signals in separate time windows (col. 8, ll. 31-39);
a first terminal configured to receive a first timing signal (col. 8, ll. 40); and
a second terminal configured to provide a second timing signal or pass through the first timing signal (col. 8, ll. 59-61);
wherein the control circuit, or a controller executing instructions, is configured to adjust the timing of the first signals in accordance with the first timing signal or the second timing signal (col. 8, ll. 46-49).
Regarding claim 3, see col. 8, lines 45-49.
Regarding claim 5, see col. 8, lines 51-55.
Regarding claim 8, claim 9 of US 11,973,350 (including base claim 6) discloses a transmitter (col. 9, line 1), comprising:
an oscillator (col. 9, line 2);
a frequency synthesizer coupled to the oscillator (col. 9, line 3);
a modulator coupled to the frequency synthesizer to generate first signals representative of a message to a first local management unit of a first photovoltaic panel (col. 9, lines 4-7);
a control circuit coupled to the frequency synthesizer to adjust timing of the first signals, induced into a first power line connected to first photovoltaic panel having the first local management unit, in synchronization with second signals transmitted in a second power line connected to a second local management unit of a second photovoltaic panel (col. 9, lines 8-14);
a first terminal configured to receive a first timing signal (col. 9, lines 16-18); and
a second terminal configured to provide a second timing signal or pass through the first timing signal (col. 10, lines 1-3);
wherein the control circuit is configured to adjust the timing of the first signals or the second signals in accordance with the first timing signal or the second timing signal (col. 9, lines 19-21).
Regarding claim 14, claim 6 of US 11,973,350 discloses the first and second power line are coupled to different photovoltaic panels (first power line connected to first PV panel, and second power line connected to a second PV panel, col. 9, lines 8-15).
Regarding claim 15, claim 13 of US 11,973,350 (including base claim 12) discloses a method, comprising:
generating a clock signal by an oscillator enclosed in a housing of a first module (col. 10, lines 11-12);
generating, by a modulator configured in the first module using the clock signal, a first signal to be transmitted into a first power line (col. 10, lines 13-15);
determining a timing signal from a second module having a separate oscillator enclosed within a housing of the second module (col. 10, lines 16-18);
controlling, based on the timing signal, timing of the first signal in synchronization with a second signal transmitted by the second module into a second power line (col. 10, lines 19-22);
phase locking the first signal to the timing signal from the second module (claim 13, col. 10, lines 27-29);
generating, by the first module, a second timing signal according to a time window of transmission of the first signal (col. 10, lines 22-24); and
providing, by the first module or the second module, the second timing signal on a terminal of the first module (col. 10, lines 25-26).
Claim Rejections - 35 USC § 112
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 18-26 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 18 recites the limitation "a local management unit" in both lines 3-4 and line 5. It is unclear whether these refer to the same or different features.
Claim 18 also recites “a Local Management Unit (LMU) or a Local Solar Management Unit (LSMU) that controls operation of a photovoltaic panel or its output,” on lines 5-6, but it is unclear whether the “that controls operation of a photovoltaic panel or its output” applies to just the LSMU or to both the LMU and the LSMU. Furthermore, dependent claims 19-20, 25-26 only refer to the LMU, but it is unclear how this structure would be necessarily be possible if the original system of claim 18 contains either a LMU or LSMU.
Claims 19-26 are dependent on claim 18, and are similarly rejected.
Allowable Subject Matter
Claims 4, 6, 7, 10-13, 17 are 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.
Claims 18-26 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance: Claim 18 of the present application is directed to a system comprising:
a transmitter configured to generate a communication signal whose modulation represents coded information to be transmitted to a local management unit; and
a Local Management Unit (LMU) or a Local Solar Management Unit (LSMU) that controls operation of a photovoltaic panel or its output.
The closest prior art of Barauna (US 2014/0084694), Sella et al. (US 2019/0080346), and Yoscovich et al. (US 2017/0170782) disclose the subject matter described above.
However, the prior art does not further disclose:
a control unit configured to periodically check whether there are one or more additional transmitters nearby, and, in response to determining the one or more transmitters are nearby, the control unit is configured to synchronize the transmitter with one or more of the one or more additional transmitters.
These limitations, in combination with the rest of the recited subject matter, distinguishes claim 18 and its dependents over the prior art, rendering them allowable.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID S HUANG whose telephone number is (571)270-1798. The examiner can normally be reached Monday - Friday, 9:00 a.m. - 5:00 p.m., EST.
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, Hannah Wang can be reached at (571) 272-9018. 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.
/David S Huang/Primary Examiner, Art Unit 2631 4/4/2026