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 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-30 of U.S. Patent No. 12,088,081. Although the claims at issue are not identical, they are not patentably distinct from each other because both groups of claims are directed to a method of configuring operation of circuit protection devices of a power distribution panel, with differences between the two sets of claims being only minor variations in recited scope and/or variations in the distribution of inventive features between the independent and dependent claims that are not seen to involve an inventive step when the abilities of persons of ordinary skill are taken into full consideration.
Instant claim 1 recites: A method for configuring operation of at least one circuit protection device of a power distribution panel, the method comprising: receiving configuration instructions having associated therewith configuration data for each circuit protection device; receiving or detecting an indication of a user-verification of the configuration data for one or more of the at least one circuit protection device; and based on the receiving or detecting the indication, configuring or operating the respective circuit protection devices based on the corresponding configuration data.
Patent claim 1 recites: A method for configuring operation of at least one circuit protection device of a power distribution panel, the method comprising: receiving configuration instructions having associated therewith configuration data for each circuit protection device; based on the receiving the configuration instructions, configuring one or more operational functions of each circuit protection device; receiving or detecting an indication of a user-verification of the configuration data for one or more of the at least one circuit protection device; and based on the receiving or detecting the indication, configuring the respective circuit protection devices based on the corresponding configuration data.
Instant claim 1 lack the method step of “based on the receiving the configuration instructions, configuring one or more operational functions of each circuit protection device”, which is the expected result of the configuring process.
Instant claim 17 recites: A device comprising: an input power side connection; a load side connection; an electrical current flow path between the input power side connection and the load side connection; a current flow interrupting device electrically coupled to the electrical current flow path and operative to interrupt a flow of electrical current between the input power side connection and the load side connection; and a controller configured to: receive configuration instructions having associated therewith configuration data; receive or detect an indication of a user-verification of the configuration data; and based on the receiving or detecting the indication, configure or operate the device based on the configuration data.
The first half of instant claim one only recites the use of a conventional circuit protection device in a power distribution panel and that feature is not seen to be an inventive step beyond the abilities of persons of ordinary skill in the art.
With regard to instant claim 2, patent claim 2 recites the “writing of the configuration data” limitation.
With regard to instant claim 3, patent claim 5 recites the “spatial presence” limitation.
With regard to instant claim 4, patent claim 7 recites the “user input” limitation.
With regard to instant claims 5-16 and 18, the population of the dependent claims in the patent are observed to address the various instant claim features related to the user input touch and display interface during the configuration and verification process, such as the touch interface features of patent claims 8-11 and the details of the response of the configuration process to the user verification recited in patent claims 12-30.
Allowable Subject Matter
Claims 19 and 20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Independent instant claim 19 recites the use of a second current flow interrupting device coupled to an external power source as a feature that has not been taught or been fairly suggested by the prior patent and/or the prior art of record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN W JACKSON whose telephone number is (571)272-2051. The examiner can normally be reached M-F 6:30-3:00.
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SWJackson
May 29, 2026
/STEPHEN W JACKSON/Primary Examiner, Art Unit 2838
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