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 Examiner has considered US 10,700,498, US 11,539,192, and US 12,074,412 for double patenting. No double patenting is believed to exist at this time.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the:
a load-side electrical connector configured to electrically connect to a second power supply and the electrical distribution panel, as in claim 1;
a utilization unit connected between the utility-side electrical connector and the load-side electrical connector, as in claim 1;
the utilization unit comprising: switching circuitry configured to operate in a plurality of modes of operation, the plurality of modes of operation including: a first mode of operation that electrically connects the utility-side electrical connector and the load-side electrical connector to the electrical distribution panel; and a second mode of operation that electrically connects the load-side electrical connector to the electrical distribution panel and disconnects the utility-side electrical connector from the electrical distribution panel, as in claim 1;
the utilization unit is connected between the first mechanical lug and the second mechanical lug, as in claim 3;
the assembly further comprises a housing, wherein the housing is shaped, at least in part, as a main circuit breaker in the electrical distribution panel, as in claim 11;
wherein the housing comprises a base that mechanically connects to a mechanical connector in the electrical distribution panel, and wherein the mechanical connector is configured to attach a main circuit breaker to the electrical distribution panel, as in claim 12;
wherein the housing is configured to extend beyond a planned location of a main circuit breaker, as in claim 13;
wherein the utility-side electrical connector or the load-side electrical connector is located in a portion of the housing that is located outside of a space normally occupied by a main circuit breaker, as in claim 14;
wherein the utility-side electrical connector and the load-side electrical connector are disposed within the housing, and the housing is mechanically connected to the electrical distribution panel, as in claim 15;
electrically connecting the load-side electrical connector to a second power supply and the electrical distribution panel, as in claim 19;
providing a utilization unit comprising switching circuitry between the utility-side electrical connector and the load-side electrical connector, wherein the switching circuitry is configured to operate in a plurality of modes of operation, the plurality of modes of operation including a first mode of operation and a second mode of operation; electrically connecting, in the first mode of operation, the utility-side electrical connector and the load-side electrical connector to the electrical distribution panel; and electrically disconnecting, in the second mode of operation, the utility-side electrical connector from the electrical distribution panel while electrically connecting the load-side electrical connector to the electrical distribution panel, as in claim 19
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-20 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.
Claim 1 recites, “a utilization unit connected between the utility-side electrical connector and the load-side electrical connector, the utilization unit comprising: switching circuitry configured to operate in a plurality of modes of operation, the plurality of modes of operation including: a first mode of operation that electrically connects the utility-side electrical connector and the load-side electrical connector to the electrical distribution panel; and a second mode of operation that electrically connects the load-side electrical connector to the electrical distribution panel and disconnects the utility-side electrical connector from the electrical distribution panel” which is new matter not supported by the originally filed specification. As noted above, the originally filed drawings fail to show these limitations and the originally filed written description is not understood to support these limitations. As to the drawings, while Fig 7 does show a wiring diagram which includes the adapter, the utilization unit, and the distribution board (among other items), Fig 7 does not show the utility and load side electrical connectors of the adapter, and while Figs 12-15 do show the mechanical structures of the adapter, they fail to show how the connectors interact with respect to the utilization unit and the distribution panel. As to the written description, ¶ 0067 of the written description does disclose first and second modes of operation for the utilization unit including a first mode of operation in which S2 and S3 are both closed and a second mode of operation where S2 is open and S3 is closed, however these recitations do not properly support the utilization unit connected between the utility-side electrical connector and the load-side electrical connector, a first mode electrically connecting the utility-side electrical connector and the load-side electrical connector of the assembly to the distribution panel and a second mode electrically connecting the load-side electrical connector and disconnecting the utility-side electrical connector of the assembly from the electrical distribution panel, as required by claim 1.
Claim 3 recites, “wherein the utilization unit is connected between the first mechanical lug and the second mechanical lug” which is new matter not supported by the originally filed specification (Drawings and Written Description). As per the above drawing objection, the drawings fail to show these limitations. Further, the written description does not detail these limitations. Notably, because claim 3 depends from claim 1, and claim 1 requires the utilization unit to be connected between the electrical connectors of the adapter, claim 3 requires that the utilization unit be connected between both the electrical connectors and the lugs.
Claim 14 recites, “wherein the utility-side electrical connector or the load-side electrical connector is located in a portion of the housing that is located outside of a space normally occupied by the main circuit breaker” which is new matter not supported by the originally filed specification (Drawings and Written Description). As per the above drawing objection, the drawings fail to show these limitations. Further, the written description does not detail these limitations.
Claim 15 recites, “wherein the utility-side electrical connector and the load-side electrical connector are disposed within the housing, and the housing is mechanically connected to the electrical distribution panel” which is new matter not supported by the originally filed specification (Drawings and Written Description). As per the above drawing objection, the drawings fail to show these limitations. Further, the written description does not detail these limitations.
Claim 19 recites, “providing a utilization unit comprising switching circuitry between the utility-side electrical connector and the load-side electrical connector, wherein the switching circuitry is configured to operate in a plurality of modes of operation, the plurality of modes of operation including a first mode of operation and a second mode of operation; electrically connecting, in the first mode of operation, the utility-side electrical connector and the load-side electrical connector to the electrical distribution panel; and electrically disconnecting, in the second mode of operation, the utility-side electrical connector from the electrical distribution panel while electrically connecting the load-side electrical connector to the electrical distribution panel” which is new matter not supported by the originally filed specification. See the above remarks with respect to the 112(a) rejection to claim 1.
Claims 2, 4-13, 16-18, 20 are rejected since they depend from claims 1 and 19 and inherit the deficiencies therein.
Response to Arguments
With respect to the Applicant’s remarks to claim 1 that, “The Office Action acknowledges (page 6) that 1 0067 discloses a first mode in which S2 and S3 are both ON and a second mode in which S2 is OFF and S3 is ON, but states these do not "properly support" the claimed connect/disconnect language. When the switch positions of 10067 are read in light of the connection topology of 1 0066, however, they support the claimed modes limitation-by-limitation:
First, per 1 0066, the utility-side connector corresponds to C1/C3 and the load-side connector corresponds to C2/C4, and switch S2 is disposed between C3 and C4.
Second, in the first mode, 10067 states S2 and S3 are "both be ON, allowing providing power from utility supply 10 and from PV unit 22 and/or storage device 26 to distribution board 19." Because S2 (between C3 and C4) is closed, the utility-side connector C1/C3 is electrically connected through the utilization unit to the load-side connector C2/C4, which feeds distribution board 19 - precisely the claimed first mode.
Third, in the second mode ("due to a grid outage"), S2 is OFF and S3 is ON, "allowing providing backup power from PV unit 22 and/or storage device 26 to distribution board 19." Because S2 is open, the utility-side connector C1/C3 is disconnected from the load-side path C2/C4 and hence from distribution board 19, while the load-side connector C2/C4 remains connected to distribution board 19 and is fed by the second power supply via closed S3 - precisely the claimed second mode. See 110059, 0066-0067.
The specification thus does not merely name two modes; it identifies the specific switch
(S2) on the electrical path between the utility-side connector (C1/C3) and the load-side connector (C2/C4) and describes opening that switch to disconnect the utility supply while maintaining the load-side connection to the distribution board via the second power supply. This conveys possession of the claimed connect/disconnect behavior. See MPEP § 2163.02. Withdrawal of the § 112(a) rejection of claim 1 is respectfully requested.” (Present remarks page 7) the Examiner respectfully disagrees that ¶ 0059, 0066-0067 support claim 1. The Examiner notes that the Applicant, in the present remarks, refers to C1/C3 as a “utility-side connector” and C2/C4 as a “load-side connector” which is not supported by the originally filed specification. Indeed, elements C1-C4 are referred to as “electrical connections” (¶ 0065), not connectors and it is respectfully submitted that electrical connections are not the same as electrical connectors. Whereas an electrical connection might be a physical path that allows electricity to flow between components, an electrical connector is a mechanical structure which allows mechanical connection of a conductor or the like. Since ¶ 0059, 0066-0067 make no mention of the claimed “utility-side electrical connector” or the “load-side electrical connector”, these paragraphs cannot possibly support claim 1.
It appears that claim 1 of the application is attempting to merge the mechanical structures of the adapter (Shown in Figs 10-15, for example) with the “block diagram” (¶ 0066) shown in Fig 7, however the Examiner is unable to find proper support, either in the drawings or the originally filed written description and claims, for this merged arrangement.
Accordingly, the 112(a) rejection to claim 1 is maintained.
With respect to the Applicant’s remarks to claim 19 (Present remarks page 8) the Examiner respectfully notes the above remarks with respect to claim 1.
Accordingly, the 112(a) rejection to claim 19 is maintained.
With respect to the Applicant’s remarks to claim 3 that, “The specification describes double-sided mechanical lug terminals connecting on one side to the distribution board busbar/cable/wire and on the other side to cables from a subpanel, power converter, or solar inverter, with the lugs electrically isolated. See ¶ 0035, 0080, 0086-0091. The utilization unit 30 receives the utility-side connection (C3) and provides the load-side connection (C4) (¶ 0066-0067), and 0135 states that elements of utilization unit 30 (FIG. 9) may be mounted and connected in the housing of adapter 14/14b. Because the connectors are carried by the respective mechanical lugs (claim 2) and the utilization unit is connected between those connectors (claim 1), the utilization unit is connected between the two mechanical lugs. Possession is conveyed by the disclosure as a whole. See MPEP § 2163.05.” (Present remarks page 8) the Examiner respectfully disagrees. Claim 3 requires that the utilization unit (30) be connected between the first mechanical lug and the second mechanical lug. In other words, claim 3 provides for a particular mechanical position of the utilization unit relative to the structural lugs of the assembly. This is neither shown by the drawings, nor explicitly or implicitly recited by cited ¶ 0035, 0066-0067, 0080, 0086-0091 of the present written description.
Accordingly, the 112(a) rejection to claim 3 is maintained.
With respect to the Applicant’s remarks to claim 13 (Present remarks page 8) the Examiner notes that the previous 112(a) and 112(b) rejections thereto have been withdrawn in view of the amendment thereto and cited ¶ 0031.
With respect to the Applicant’s remarks to claim 14 (Present remarks page 8) the Examiner notes that cited ¶ 0126 does not appear to provide support for claim 14.
Accordingly, the 112(a) rejection to claim 14 is maintained.
With respect to the Applicant’s remarks to claim 15 (Present remarks page 8) the Examiner notes that cited ¶ 0080-0086 and 0135 does not appear to provide support for claim 15.
Accordingly, the 112(a) rejection to claim 15 is maintained.
With respect to the Applicant’s remarks to claims 2, 4-12, 16-18, 20 (Present remarks page 8) the Examiner notes that the 112(a) rejections to claim 1 and 19 are maintained as per the above remarks and claims 2, 4-12, 16-18, and 20, by virtue of their dependency on claims 1 and 19, are also rejected under 112(a).
Accordingly, the 112(a) rejections to claims 2, 4-12, 16-18, 20 are maintained.
With respect to the Applicant’s remarks to claims 8, 11-16 (Present remarks page 9) the Examiner notes that the 112(b) rejections have been withdrawn in view of the amendments thereto.
With respect to the Applicant’s remarks to the drawings that, “Applicant respectfully submits that the interconnection recited in claim 1 is shown in FIG. 7 (electrical connections C1-C4, utilization unit 30 with switches S2 and S3, and connection to distribution board 19 through main circuit breaker 16; see 1 0066-0067), and that the mechanical and housing features are shown in FIGS. 10-15. Applicant respectfully requests that the objection be withdrawn.” (Present remarks page 9) the Examiner notes that while it is agreed that, for example, Fig 11 shows the details of the assembly of claim 1, Fig 11 does not show the details of the utilization unit of claim 1, and while Fig 7 does show a “block diagram” of an apparatus, Fig 7 does not show the details of the assembly of claim 1.
Fig 7 also is not believed to show, “a second mode of operation that electrically connects the load-side electrical connector to the electrical distribution panel”. As noted above with respect to the Examiner’s remarks with respect to claim 1, Fig 7 does not show a “load-side connector”. Even if Fig 7 were to be showing a “load-side connector”, Fig 7 appears to show a non-switched, permanent connection between the adapter (14b/16b) the utilization unit (30), and the main circuit breaker/distribution board (16/19 – that is, C2 is shown as permanently affixed to 14b/16b, 16, and 19, and C4 is shown as permanently affixed to 14b/16b and 30). If 14b/16b is never disconnected from 16/19 or 30, how is it possible for any potential load-side electrical connector to become electrically connected to 16/19 in a mode of operation? Indeed Fig 7 appears to show that the adapter (14b/16b) is always electrically connected to 16/19.
For at least these reasons, the drawing objections to claims 1, 3, 11-15, and 19 are maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY M PAPE whose telephone number is (571)272-2201. The examiner can normally be reached M-F: 9am - 6pm EST.
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/ZACHARY PAPE/Primary Examiner, Art Unit 2841
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