Prosecution Insights
Last updated: October 01, 2026
Application No. 18/689,566

CHARGING APPARATUS TO BE MOUNTED TO ANOTHER STRUCTURE, TO PROVIDE ITS OWN CIRCUIT BREAKER, AND TO PROTECT A CABLE

Non-Final OA §103
Filed
Mar 06, 2024
Priority
Sep 17, 2021 — provisional 63/245,240 +1 more
Examiner
PHAN, HUY Q
Art Unit
Tech Center
Assignee
Emerson Electric Co.
OA Round
1 (Non-Final)
56%
Grant Probability
Moderate
1-2
OA Rounds
1y 0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
94 granted / 169 resolved
-4.4% vs TC avg
Strong +34% interview lift
Without
With
+33.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
5 currently pending
Career history
173
Total Applications
across all art units

Statute-Specific Performance

§101
8.2%
-31.8% vs TC avg
§103
50.8%
+10.8% vs TC avg
§102
24.8%
-15.2% vs TC avg
§112
12.0%
-28.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 169 resolved cases

Office Action

§103
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 3/6/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claims 5 and 14 are objected to because of the following informalities: Claims 5 and 14, line 1, “has” should be deleted. Appropriate correction is required. 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) 1-4, 7-13 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over No.: US 2015/0042276 (hereinafter as Biedrzycki) in view of No.: US 2011/0147178 (hereinafter as Larson). Regarding claim 1, Biedrzycki discloses a charging apparatus (fig. 1, 100) that is structured to be mounted to another structure (“wall” see [0022]) and to be electrically connected with a source of electrical power (see [0022]), comprising: a housing (fig. 1, 102 and [0024]); a cable apparatus comprising a cable (fig. 1, 103) and a connector (fig. 1, 103C) that are electrically connected together, the cable extending from the housing (fig. 1 and [0024]); the cable apparatus being electrically connected with an electrical apparatus (“circuit breaker 520” see [0028] and [0037]) and being structured to provide electrical power from the source of electrical power to an electric vehicle (fig. 5 and [0027]); and the electrical apparatus comprising a circuit interrupter apparatus (“circuit breaker 520” see [0028] and [0037]) comprising a circuit interrupter that is electrically connected with the cable (fig. 5A). Biedrzycki is silent the electrical apparatus situated on the housing and the electrical apparatus comprising a circuit interrupter apparatus situated on the housing, the circuit interrupter apparatus comprising a circuit interrupter that is electrically connected with the cable and that is movable between at least an ON state wherein the cable is electrically connected with the source of electrical power and at least one of an OFF state and a TRIPPED state wherein the cable is electrically disconnected from the source of electrical power. Biedrzycki suggests the electrical apparatus comprising a circuit interrupter (“circuit breaker 520” see [0028] and [0037]) situated outside of the housing and structured to be electrically connected with the source of electrical power. However, Larson suggests a miniature circuit interrupter being movable between a number of circuit breaker positions, including an ON position, an OFF position, and a TRIPPED position (fig. 1 and [0017]). Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to modify the charger apparatus of Biedrzycki to have the miniature circuit interrupter of Larson situated on the housing (the circuit interrupter connected between the cable (see front side, fig. 1) and the source of electrical power (see back side, fig. 2)) so that the circuit interrupter being movable between at least an ON state wherein the cable is electrically connected with the source of electrical power and at least one of an OFF state and a TRIPPED state wherein the cable is electrically disconnected from the source of electrical power; as such providing a great benefit as “determine whether the circuit breaker has been tripped based on an arcing fault condition, a ground fault condition, a short circuit fault condition, or an overload condition” (see Larson [0005]) and/or avoid “increases the cost and complexity of the circuit breaker” (see Larson [0004]); and that would also provide the charger apparatus with its own independent electrical failure protection, and/or much more convenient in resetting the protection as the user just right close to it. Regarding claim 2, Biedrzycki and Larson disclose the charging apparatus of claim 1, Biedrzycki further discloses wherein the housing has a base portion that is structured to be mounted to the another structure (fig. 2 and [0022]), the housing further comprising a retaining portion (figs. 1-2) that is situated on the base portion, at least a portion of the retaining portion protruding from the base portion and being structured to retain at least a portion of the cable between the retaining portion and the another structure when the cable is at least in part wrapped about a perimeter of the base portion (fig. 1, [0024]). Regarding claim 3, Biedrzycki and Larson disclose the charging apparatus of claim 2, Biedrzycki further discloses wherein the base portion has a mounting surface (fig. 2 and [0022]) that is structured to be mounted to the another structure, the retaining portion being spaced from the mounting surface (fig. 1, [0024]). Regarding claim 4, Biedrzycki and Larson disclose the charging apparatus of claim 3, Biedrzycki further discloses wherein the mounting surface has a width and a height (fig. 2 shows back side), and wherein the retaining portion has another width and another height (fig. 1 shows front side), at least one of: the another width being greater than the width (front side is wider than back side); and the another height being greater than the another height (front side is higher than back side). Regarding claim 7, Biedrzycki and Larson disclose the charging apparatus of claim 1, Biedrzycki further discloses wherein the housing comprises an interior (the space between the front side (fig. 1) and the back side (fig. 2)), and wherein the electrical apparatus further comprises a conductor that is situated within the interior (a conductor (behind back cover) connects to “an power cord 128” (see fig. 2). But, Biedrzycki is silent that the conductor electrically connected with the circuit interrupter apparatus and is structured to be electrically connected with the source of electrical power. However, Larson suggests a miniature circuit interrupter (fig. 1 and [0017]). Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to install the circuit interrupter of Larson into the charger apparatus of Biedrzycki that the conductor electrically connected with the circuit interrupter apparatus and is structured to be electrically connected with the source of electrical power that would provide a great benefits such “determine whether the circuit breaker has been tripped based on an arcing fault condition, a ground fault condition, a short circuit fault condition, or an overload condition” (see Larson [0005]) and/or avoid “increases the cost and complexity of the circuit breaker” (see Larson [0004]). Regarding claim 8, Biedrzycki and Larson disclose the charging apparatus of claim 1, Larson further discloses wherein the circuit interrupter comprises a handle that is user-operable to move the circuit interrupter among at least the ON and OFF states (fig. 1, item 104). Regarding claim 9, Biedrzycki and Larson disclose the charging apparatus of claim 1, Biedrzycki further discloses wherein the connector is situated on the cable at an end thereof opposite the housing (fig. 1, item 103C). Regarding claim 10, Biedrzycki and Larson disclose the charging apparatus of claim 9, Biedrzycki further discloses wherein the housing comprises a receptacle in which the connector is receivable (fig. 1). Regarding claim 11, Biedrzycki discloses a charging apparatus (fig. 1, 100) that is structured to be mounted to another structure (“wall” see [0022]) and to be electrically connected with a source of electrical power (fig. 2 and [0022]), comprising: a housing (fig. 1, 102 and [0024]); a cable apparatus comprising a cable (fig. 1, 103) and a connector (fig. 1, 103c) that are electrically connected together, the cable extending from the housing (see [0024]); the cable apparatus being electrically connected with an electrical apparatus (“circuit breaker 520” see [0028] and [0037]) and being structured to provide electrical power from the source of electrical power to an electric vehicle (fig. 5 and [0027]); and the housing having a base portion (fig. 2, [0022]) that is structured to be mounted to the another structure, the base portion having a mounting surface (fig. 2, [0022]) that is structured to be mounted to the another structure (figs. 1-2 and [0024]); the housing further comprising a retaining portion (figs. 1-2) that is situated on the base portion and is spaced from the mounting surface, at least a portion of the retaining portion protruding outwardly from a perimeter of the base portion and being structured to retain at least a portion of the cable between the retaining portion and the another structure when the mounting surface is mounted to the another structure and when the cable is at least in part wrapped about the perimeter (figs. 1-2 and [0024]). Biedrzycki is silent an electrical apparatus situated on the housing and structured to be electrically connected with the source of electrical power. Biedrzycki suggests the electrical apparatus situated outside of the housing and structured to be electrically connected with the source of electrical power (“circuit breaker 520” see [0028] and [0037]). However, Larson suggests a miniature circuit interrupter (fig. 1). Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to install the miniature circuit interrupter of Larson into the charger apparatus of Biedrzycki (the circuit interrupter connected between the cable (see front side (fig.1) and the source of electrical power (see back side (fig. 2)). Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to modify the charger apparatus of Biedrzycki to have the miniature circuit interrupter of Larson situated on the housing that would provide the charger apparatus with its own electrical failure protection and/or much more convenient in resetting the protection as the user just right close to it; and also offer a great benefit as “determine whether the circuit breaker has been tripped based on an arcing fault condition, a ground fault condition, a short circuit fault condition, or an overload condition” (see Larson [0005]); and/or avoid “increases the cost and complexity of the circuit breaker” (see Larson [0004]). Regarding claim 12, Biedrzycki and Larson disclose the charging apparatus of claim 11, Biedrzycki further discloses wherein the mounting surface has a width and a height (fig. 2 shows back side), and wherein the retaining portion has another width and another height (fig. 1 shows front side), at least one of: the another width being greater than the width (front side is wider than back side); and the another height being greater than the another height (front side is higher than back side). Regarding claim 13, Biedrzycki and Larson disclose the charging apparatus of claim 11, but silent wherein the electrical apparatus further comprises a circuit interrupter apparatus situated on the housing, the circuit interrupter apparatus comprising a circuit interrupter that is electrically connected with the cable and that is movable between at least an ON state wherein the cable is electrically connected with the source of electrical power and at least one of an OFF state and a TRIPPED state wherein the cable is electrically disconnected from the source of electrical power. Biedrzycki suggests the electrical apparatus comprising a circuit interrupter (“circuit breaker 520” see [0028] and [0037]) situated outside of the housing and structured to be electrically connected with the source of electrical power. However, Larson suggests a miniature circuit interrupter being movable between a number of circuit breaker positions, including an ON position, an OFF position, and a TRIPPED position (fig. 1 and [0017]). Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to modify the charger apparatus of Biedrzycki to have the miniature circuit interrupter of Larson situated on the housing (the circuit interrupter connected between the cable (see front side, fig. 1) and the source of electrical power (see back side, fig. 2)) so that the circuit interrupter being movable between at least an ON state wherein the cable is electrically connected with the source of electrical power and at least one of an OFF state and a TRIPPED state wherein the cable is electrically disconnected from the source of electrical power; as such providing a great benefit as “determine whether the circuit breaker has been tripped based on an arcing fault condition, a ground fault condition, a short circuit fault condition, or an overload condition” (see Larson [0005]) and/or avoid “increases the cost and complexity of the circuit breaker” (see Larson [0004]); and that would also provide the charger apparatus with its own independent electrical failure protection, and/or much more convenient in resetting the protection as the user just right close to it. Regarding claim 16, Biedrzycki and Larson disclose the charging apparatus of claim 13, Biedrzycki further discloses wherein the housing comprises an interior (the space between the front side (fig. 1) and the back side (fig. 2)), and wherein the electrical apparatus further comprises a conductor that is situated within the interior (a conductor (behind back cover) connects to “an power cord 128” (see fig. 2). But, Biedrzycki is silent that the conductor electrically connected with the circuit interrupter apparatus and is structured to be electrically connected with the source of electrical power. However, Larson suggests a miniature circuit interrupter (fig. 1 and [0017]). Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to install the circuit interrupter of Larson into the charger apparatus of Biedrzycki that the conductor electrically connected with the circuit interrupter apparatus and is structured to be electrically connected with the source of electrical power that would provide a great benefits such “determine whether the circuit breaker has been tripped based on an arcing fault condition, a ground fault condition, a short circuit fault condition, or an overload condition” (see Larson [0005]) and/or avoid “increases the cost and complexity of the circuit breaker” (see Larson [0004]). Regarding claim 17, Biedrzycki and Larson disclose the charging apparatus of claim 13, Larson further discloses wherein the circuit interrupter comprises a handle that is user-operable to move the circuit interrupter among at least the ON and OFF states (fig. 1, item 104). Regarding claim 18, Biedrzycki and Larson disclose the charging apparatus of claim 13, Biedrzycki further discloses wherein the connector is situated on the cable at an end thereof opposite the housing (fig. 1, item 103C). Regarding claim 19, Biedrzycki and Larson disclose the charging apparatus of claim 18, Biedrzycki further discloses wherein the housing comprises a receptacle in which the connector is receivable (fig. 1). Regarding claim 20, Biedrzycki and Larson disclose the charging apparatus of claim 19, Biedrzycki further discloses wherein the receptacle is situated on the retaining portion opposite the mounting surface (see figs. 1-2). Claim(s) 5-6, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Biedrzycki in view of Larson and further in view of Pub. No.: US 2015/0316944 (herein after Thellendd). Regarding claim 5, Biedrzycki and Larson disclose the charging apparatus of claim 1, but silent wherein the housing has includes a cover portion that is movable between a first configuration wherein the circuit interrupter is covered by the cover portion and a second configuration wherein the circuit interrupter is exposed. However, Thellend suggests wherein the housing (fig. 1, item 2) includes a cover portion (fig. 1, item 3 or 6) that is movable between a first configuration wherein the circuit interrupter is covered by the cover portion and a second configuration wherein the circuit interrupter is exposed (see [0044]). Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to modify the housing of the charger apparatus of Biedrzycki to have the cover that would provide the protection for the circuit interrupter, and/or also offer the safety to the user (see [0044]). Regarding claim 6, Biedrzycki, Larson, and Thellend disclose the charging apparatus of claim 5, Biedrzycki further discloses wherein the housing has a base portion that is structured to be mounted to the another structure, the housing further comprising a retaining portion that is situated on the base portion, at least a portion of the retaining portion protruding from the base portion and being structured to retain at least a portion of the cable between the retaining portion and the another structure when the cable is at least in part wrapped about a perimeter of the base portion (see figs. 1 and 2). But Biedrzycki, Larson, and Thellend are silent the cover portion being situated on the retaining portion. However, Thellend suggests the cover portion with the hinges (see [0044]). Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to modify the housing of the charger apparatus of Biedrzycki to have the cover hinged to the retaining portion that would provide an easy movement of the cover portion, and/or also offer the safety to the user (see [0044]). Regarding claim 14, Biedrzycki and Larson disclose the charging apparatus of claim 13, but silent wherein the housing has includes a cover portion that is movable between a first configuration wherein the circuit interrupter is covered by the cover portion and a second configuration wherein the circuit interrupter is exposed. However, Thellend suggests wherein the housing (fig. 1, item 2) includes a cover portion (fig. 1, item 3 or 6) that is movable between a first configuration wherein the circuit interrupter is covered by the cover portion and a second configuration wherein the circuit interrupter is exposed (see [0044]). Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to modify the housing of the charger apparatus of Biedrzycki to have the cover that would provide the protection for the circuit interrupter, and/or also offer the safety to the user (see [0044]). Regarding claim 15, Biedrzycki and Larson disclose the charging apparatus of claim 14, but silent wherein the cover portion is situated on the retaining portion. However, Thellend suggests the cover portion with the hinges (see [0044]). Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to modify the housing of the charger apparatus of Biedrzycki to have the cover hinged to the retaining portion that would provide an easy movement of the cover portion, and/or also offer the safety to the user (see [0044]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20130320921 states “FIG. 6 shows a rear view of the housing arrangement and further shows the cable management aspects constructed according to the invention. In particular, FIG. 6 shows the backside of the housing 100 where the charge cable 118 may be wrapped into a series of loops and hung on a hook 600 that is arranged on the back of the housing 100. Of course, the hook 600 may be in any location with respect to housing 100; it can be positioned somewhere adjacent to the housing 100; or may not exist at all. Additionally, shown in FIG. 6 is a plug 606 that may be arranged at the end of the charge cable 118. The plug 606 may be connected to a vehicle needing power and/or to be charged” (see [0047]). US 20160121747 teaches “while the cable 12 is not in use, most of the cable 12 is securely retained inside the housing 11, and when the cable 12 is in use (i.e., connected to an electric vehicle to charge its battery), only so much of the cable 12 as is needed between the EVCS 10 and the electric vehicle is dispensed outside the housing 11 while the remainder of the cable 12 can be wrapped around the reel 202 of the cable reel assembly 200” (see [0035]). US 20110169447 shows “The system has an electric vehicle supply circuit which is arranged within the portable housing (58) to provide power to an electric vehicle from a power source. A charging cord (63) includes primary end is coupled to the electric vehicle charging connector (62) and a secondary end is coupled to the electric vehicle supply circuit. A holder integral with the portable housing holds the electric vehicle charging connector. The contour of recess (64) matches the contour of electric vehicle charging connector” (see Abstract). Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUY Q PHAN whose telephone number is (571)272-7924. The examiner can normally be reached M-F 9am-5pm. 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, Kiesha Bryant can be reached at (571)272-3606. 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. /HUY Q PHAN/Supervisory Patent Examiner, Art Unit 2858
Read full office action

Prosecution Timeline

Mar 06, 2024
Application Filed
Sep 21, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
56%
Grant Probability
89%
With Interview (+33.6%)
3y 7m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 169 resolved cases by this examiner. Grant probability derived from career allowance rate.

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