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 .
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.
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Claims (1+16), 2 – 15 and (17+16) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 - 16 of U.S. Patent No. 12066465. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of claims (1+16), 2 – 15 and (17+16) of an instant application encompasses the boundaries of the claims 1 - 16 (patents claim). The claims in the instant application define an invention that is merely an obvious variation of an invention claimed in the patent.
18/672,423
1. An apparatus for sensing current on a conductor in an electrical panel, comprising: at least one sensing system comprising: a ferromagnetic body having two legs, which when placed on a load-side of the electrical panel is configured to form, together with at least a plane of the electrical panel, a magnetic path around the conductor, the ferromagnetic body comprising at least two parts with a first air gap therebetween along the magnetic path, and a sensor, arranged in the first air gap, to measure a current or other electrical property representative of current on the conductor based on the magnetic field across the first air gap.
16. The apparatus of claim 1, wherein the plane of the electrical panel comprises part of a wall of a housing for the electrical panel or part of a ferromagnetic plate installed below the conductor on the electrical panel.
2. The apparatus of claim 1, wherein the sensor is a Hall effect sensor.
3. The apparatus of claim 1, wherein each of the two parts has a first end and a second end, the first ends of the two parts being separated to form the first air gap, the second ends being ends of the two legs.
4. The apparatus of claim 3, wherein each of the two parts is formed in an L-shape and the body has a U-shape.
5. The apparatus of claim 3, wherein the first air gap is formed between adjacent side portions of the first ends of the two parts or between adjacent end portions of the first ends of the two parts.
6. The apparatus of claim 1, wherein the electrical panel comprises a panel board or a load center.
7. The apparatus of claim 1, further comprising: a communication device to perform wireless or wireline communication with a remote device; and a processor, in communication with the sensor and the communication device, configured to receive a measurement from the sensor, and to transmit information associated with the measurement to the remote device.
8. The apparatus of claim 7, further comprising a housing for housing one or more sensing systems, the processor and the communication device.
9. The apparatus of claim 8, further comprising one or more fasteners to detachably connect the housing to the electrical panel.
10. The apparatus of claim 8, wherein the housing is configured to fit adjacent to a load- side of a main breaker on the electrical panel.
11. The apparatus of claim 8, wherein the housing has a U-shape with two housing legs, the one or more sensing systems including a first one of the sensing systems and a second one of the sensing systems, each of the first and second sensing systems being housed in a corresponding one of the two housing legs, each of the first and second sensing systems being configured to form a corresponding magnetic path together with the plane of the electrical panel around a corresponding conductor on the electrical panel, each of the corresponding conductors being a bus bar on the electrical panel.
12. The apparatus of claim 11, further comprising voltage connectors configured to connect to corresponding bus studs of the corresponding bus bars.
13. The apparatus of claim 12, wherein each of the two housing legs is configured to be arranged between a load-side of the main circuit breaker and a corresponding bus stud of the electrical panel.
14. The apparatus of claim 1, wherein each end of the two legs is configured to form second and third air gaps with the plane of the electrical panel along the magnetic path.
15. The apparatus of claim 14, wherein the first, second or third air gap comprises one of air or an insulator.
17, A method of sensing current on a conductor in an electrical panel, comprising: providing a ferromagnetic body having two legs, which when placed on a load- side of the electrical panel is configured to form, together with at least a plane of the electrical panel, a magnetic path around the conductor, the ferromagnetic body comprising at least two parts with a first air gap therebetween along the magnetic path; and measuring, via a sensor arranged in the first air gap, a current or other electrical property representative of current on the conductor based on the magnetic field across the first air gap.
16. The apparatus of claim 1, wherein the plane of the electrical panel comprises part of a wall of a housing for the electrical panel or part of a ferromagnetic plate installed below the conductor on the electrical panel.
12066465
1. An apparatus for sensing current on a conductor in an electrical panel, comprising: at least one sensing system comprising: a ferromagnetic body having two legs, which when placed on a load-side of the electrical panel is configured to form, together with at least a plane of the electrical panel, a magnetic path around the conductor, the ferromagnetic body comprising at least two parts with a first air gap therebetween along the magnetic path, wherein the plane of the electrical panel comprises ferromagnetic part of a wall of a housing for the electrical panel or part of a ferromagnetic plate installed below the conductor on the electrical panel, and a sensor, arranged in the first air gap, to measure a current or other electrical property representative of current on the conductor based on the magnetic field across the first air gap.
2. The apparatus of claim 1, wherein the sensor is a Hall effect sensor.
3. The apparatus of claim 1, wherein each of the two parts has a first end and a second end, the first ends of the two parts being separated to form the first air gap, the second ends being ends of the two legs.
4. The apparatus of claim 3, wherein each of the two parts is formed in an L-shape and the body has a U-shape.
5. The apparatus of claim 3, wherein the first air gap is formed between adjacent side portions of the first ends of the two parts or between adjacent end portions of the first ends of the two parts.
6. The apparatus of claim 1, wherein the electrical panel comprises a panel board or a load center.
7. The apparatus of claim 1, further comprising: a communication device to perform wireless or wireline communication with a remote device; and a processor, in communication with the sensor and the communication device, configured to receive a measurement from the sensor, and to transmit information associated with the measurement to the remote device.
8. The apparatus of claim 7, further comprising a housing for housing one or more sensing systems, the processor and the communication device.
9. The apparatus of claim 8, further comprising one or more fasteners to detachably connect the housing to the electrical panel.
10. The apparatus of claim 8, wherein the housing is configured to fit adjacent to a load-side of a main breaker on the electrical panel.
11. The apparatus of claim 8, wherein the housing has a U-shape with two housing legs, the one or more sensing systems including a first one of the sensing systems and a second one of the sensing systems, each of the first and second sensing systems being housed in a corresponding one of the two housing legs, each of the first and second sensing systems being configured to form a corresponding magnetic path together with the plane of the electrical panel around a corresponding conductor on the electrical panel, each of the corresponding conductors being a bus bar on the electrical panel.
12. The apparatus of claim 11, further comprising voltage connectors configured to connect to corresponding bus studs of the corresponding bus bars.
13. The apparatus of claim 12, wherein each of the two housing legs is configured to be arranged between a load-side of the main circuit breaker and a corresponding bus stud of the electrical panel.
14. The apparatus of claim 1, wherein each end of the two legs is configured to form second and third air gaps with the plane of the electrical panel along the magnetic path.
15. The apparatus of claim 14, wherein the first, second or third air gap comprises one of air or an insulator.
16. A method of sensing current on a conductor in an electrical panel, comprising: providing a ferromagnetic body having two legs, which when placed on a load-side of the electrical panel is configured to form, together with at least a plane of the electrical panel, a magnetic path around the conductor, the ferromagnetic body comprising at least two parts with a first air gap therebetween along the magnetic path, wherein the plane of the electrical panel comprises ferromagnetic part of a wall of a housing for the electrical panel or part of a ferromagnetic plate installed below the conductor on the electrical panel; and measuring, via a sensor arranged in the first air gap, a current or other electrical property representative of current on the conductor based on the magnetic field across the first air gap.
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.
Claim(s) 1 – 5 and 16 - 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Knapp, Jr. et al. (4616207).
As to claim 1, Knapp, Jr. et al. (hereinafter Knapp) discloses an apparatus for sensing current (Col. 3, lines 53 – 58) comprising: at least one sensing system comprising: a ferromagnetic body having two legs (Col. 6, lines 50 - 66), which when placed on a load-side (Col. 2, lines 3 - 10) of the electrical panel is configured to form, together with at least a plane of the electrical panel (Col. 7, lines 1 - 12), a magnetic path around the conductor (Col. 4, lines 55 – 62 and Col. 7, lines 16 - 18), the ferromagnetic body comprising at least two parts with a first air gap therebetween (Col. 6, lines 50 - 57) along the magnetic path (Col. 6, lines 63 - 68), and a sensor, arranged in the first air gap (Col. 6, lines 58 - 62), to measure a current or other electrical property representative of current (Col. 3, line 68 – Col. 4, lines 1 - 3) on the conductor based on the magnetic field (Abstract) across the first air gap (Claim 6), (Fig. 1 – 3).
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As to claim 2, Knapp discloses that the sensor is a Hall effect sensor (Col. 6, lines 50 - 68).
As to claim 3, Knapp discloses that each of the two parts has a first end and a second end, the first ends of the two parts being separated to form (Col. 6, lines 58 - 62) the first air gap (Col. 6, lines 50 - 57), the second ends being ends of the two legs (Col. 6, lines 63 – 68 and Claim 6).
As to claim 4, Knapp discloses that each of the two parts is formed in an L-shape and the body has a U-shape (Col. 6, lines 49 – 57, Fig. 4 - 9).
As to claim 5, Knapp discloses the first air gap is formed between adjacent side portions of the first ends of the two parts or between adjacent end portions of the first ends of the two parts (Col. 6, lines 45 – 57 and Col. 3, lines 53 - 58).
As to claim 16, Knapp discloses that the plane of the electrical panel (Col. 7, lines 16 - 19) comprises part of a wall of a housing for the electrical panel (Col. 7, lines 1 - 12) or part of a ferromagnetic plate installed below the conductor on the electrical panel.
As to claim 17, Knapp, Jr. et al. (hereinafter Knapp) discloses an apparatus for sensing current (Col. 3, lines 53 – 58) comprising: providing a ferromagnetic body having two legs (Col. 6, lines 50 - 66), which when placed on a load-side (Col. 2, lines 3 - 10) of the electrical panel is configured to form, together with at least a plane of the electrical panel (Col. 7, lines 1 - 12), a magnetic path around the conductor (Col. 4, lines 55 – 62 and Col. 7, lines 16 - 18), the ferromagnetic body comprising at least two parts with a first air gap therebetween (Col. 6, lines 50 - 57) along the magnetic path (Col. 6, lines 63 - 68), and measuring, via a sensor, arranged in the first air gap (Col. 6, lines 58 - 62), a current or other electrical property representative of current (Col. 3, line 68 – Col. 4, lines 1 - 3) on the conductor based on the magnetic field (Abstract) across the first air gap (Claim 6), (Fig. 1 - 3).
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knapp, Jr. et al. (4616207) in view of Dougherty et al. (6268989).
As to claim 6, Knapp fails to explicitly disclose wherein the electrical panel comprises a panel board or a load center. Dougherty et al. (hereinafter Dougherty) discloses electric panels (Note title , Abstract) wherein the electric panel comprises a panel board or a load center (Col. 2, lines 19 – 25, Col. 4, line 62 – Col. 5, line 1). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the device of Knapp in view of the teachings of Dougherty wherein including the electrical panel comprises a panel board or a load center would provide upon occurrence of an arcing fault within any of the branch circuits, the main circuit breaker (10B) responds of separate the main contacts (13) to interrupt the current throughout all the branch circuits (Dougherty; Col. 4, lines 62 – Col. 5, line 1).
Claim(s) 7 - 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knapp, Jr. et al. (4616207) in view of Essinger et al. (6268989).
As to claim 7, Knapp fails to explicitly disclose a communication device to perform wireless or wireline communication with a remote device; and a processor, in communication with the sensor and the communication device, configured to receive a measurement from the sensor, and to transmit information associated with the measurement to the remote device. Essinger et al. (hereinafter Essinger) discloses a wireless sensor communication network comprising a communication device to perform wireless or wireline communication with a remote device; and a processor, in communication with the sensor and the communication device, configured to receive a measurement from the sensor, and to transmit information associated with the measurement to the remote device [0012], [0024], [0025] and [0106]. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the device of Knapp in view of the teachings of Essinger wherein including a communication device to perform wireless or wireline communication with a remote device; and a processor, in communication with the sensor and the communication device, configured to receive a measurement from the sensor, and to transmit information associated with the measurement to the remote device would provide more robust, more advanced and complex set of features and functionalities.
As to claim 8, Knapp fails to explicitly disclose a housing for housing one or more sensing systems, the processor and the communication device. Essinger discloses a housing for housing one or more sensing systems, the processor and the communication device [0097] and [0106]. Therefore, at the time of the invention, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the device of Knapp in view of the teachings of Essinger wherein including a housing for housing one or more sensing systems, the processor and the communication device would provide more robust, more advanced and complex set of features and functionalities.
As to claim 9, Knapp fails to explicitly disclose one or more fasteners to detachably connect the housing to the electrical panel. Essinger discloses one or more fasteners (405) to detachably connect the housing [0097] to the electrical panel [0342] and [0106]. Therefore, at the time of the invention, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the device of Knapp in view of the teachings of Essinger wherein the one or more fasteners to detachably connect the housing to the electrical panel to provide a wireless communication network designed for applications to provide more robust, more advanced and complex set of features and functionalities.
As to claim 10, Knapp fails to explicitly disclose the housing is configured to fit adjacent to a load-side of a main breaker on the electrical panel. Essinger discloses that the housing [0097] is configured to fit adjacent to a load-side of a main breaker on the electrical panel [0342]. Therefore, at the time of the invention, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the device of Knapp in view of the teachings of Essinger wherein the housing is configured to fit adjacent to a load-side of a main breaker on the electrical panel would reduce the electrical interference of signal degradation between the main breaker and the current sensor, thereby by providing reliable and robust measurement, since rearranging parts of an invention requires only routine skill in the art.
Claim(s) 14 - 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knapp, Jr. et al. (4616207) in view of Rushmer et al. (9,285,437).
As to claim 14, Knapp discloses end of the two legs (122) to form air gap (126) (Col. 6, lines 50 – 57, Col. 7, lines 1 - 12) wherein the first, comprises one of air or an insulator. Knapp fails to explicitly disclose that the second or third air gap comprises one of air or an insulator. Rushmer et al. (hereinafter Rushmer) discloses a Hall effect sensor core with multiple air gaps wherein each end of the two legs (42a, 42b; Col. 3, lines 52 - 57) is configured to form second (110) and third air gaps (115) with the plane of the electrical panel along the magnetic path (Col. 2, lines 1 – 8; Col. 4, lines 54 – 58; Col. 5, lines 7 – 11, 52 – 55; Fig. 11).
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Therefore, at the time of the invention, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the device of Knapp in view of the teachings of Rushmer wherein including the first, second or third air gap comprises one of air or an insulator can minimize the size of the sensor core while still maintaining a large current range to be sensed.
As to claim 15, Knapp discloses end of the two legs (122) to form air gap (126) (Col. 6, lines 50 – 57, Col. 7, lines 1 - 12). Knapp fails to explicitly disclose that each end of the two legs is configured to form second and third air gaps with the plane of the electrical panel along the magnetic path. Rushmer et al. (hereinafter Rushmer) discloses a Hall effect sensor core with multiple air gaps wherein each end of the two legs (42a, 42b; Col. 3, lines 52 - 57) is configured to form second (46) and third air gaps (105, 110, 115) with the plane of the electrical panel along the magnetic path (Col. 4, lines 54 – 58; Col. 5, lines 7 – 11, 52 – 55; Fig. 11). Therefore, at the time of the invention, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the device of Knapp in view of the teachings of Rushmer wherein each end of the two legs is configured to form second and third air gaps with the plane of the electrical panel along the magnetic path can minimize the size of the sensor core while still maintaining a large current range to be sensed.
Allowable Subject Matter
Claims 11 – 13 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.
The following is a statement of reasons for the indication of allowable subject matter: As to claim11 – 13, the prior art fails to show that the housing has a U-shape with two housing legs, the one or more sensing systems including a first one of the sensing systems and a second one of the sensing systems, each of the first and second sensing systems being housed in a corresponding one of the two housing legs, each of the first and second sensing systems being configured to form a corresponding magnetic path together with the plane of the electrical panel around a corresponding conductor on the electrical panel, each of the corresponding conductors being a bus bar on the electrical panel. These features taken together with the other limitations of the claim renders the claims allowable over prior art.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant s disclosure.
Maguire et al. (2013/0119972) is cited for its disclosure of a system and method for monitoring electrical power usage in an electric power infrastructure of a building.
Potratz (9,048,054) is cited for its disclosure of a circuit breaker with plug on neutral connection lock-out mechanism.
Russell (2002/0171436) is cited for its disclosure of a device for connecting parallel sources of electric power at a meter socket.
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/REENA AURORA/Primary Examiner, Art Unit 2858