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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/3/2024 was filed on or after the mailing date of the application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Allowable Subject Matter
Claim1-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
As per independent Claim 1, the prior art, Won et al. (US2021/0359392) and Junfei et al. (CN208566918U) does not teach the device as recited, in particular “...the housing adapted for setup or maintenance of the controller connector when the moveable interactive display is in an open position; and wherein the moveable interactive display is operationally able to move to display the controller connector and a screen associated with the moveable interactive display simultaneously,” when added to the other features claimed in independent Claim 1.
As per independent Claim 15, the prior art, Won et al. (US2021/0359392) and Junfei et al. (CN208566918U) does not teach the device as recited, in particular “...the housing adapted for maintenance of the resource connector when the moveable interactive display is in an open position; and wherein the moveable interactive display is operationally able to move to display the controller connector and maintenance screen simultaneously,” when added to the other features claimed in independent Claim 15.
As per independent Claim 18, the prior art, Won et al. (US2021/0359392) and Junfei et al. (CN208566918U) does not teach the device as recited, in particular “...wherein the moveable interactive display is operationally able to move to display the controller connector and a screen associated with the moveable interactive display simultaneously,” when added to the other features claimed in independent Claim 18.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12156360, hereinafter the 360 Patent. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application and the 360 Patent both teach the following:
Regarding Claim 1, the 360 Patent teaches a building system controller comprising:
a housing adapted to store a plurality of modules, the housing with computing hardware and programmable memory attached [360 patent at claim 1];
the housing having a surface comprising a moveable interactive display moveably connected to the housing [360 patent at claim 1];
the housing having a controller connector attached to a surface, the controller connector providing a connection point for an external resource [360 patent at claim 1]; the housing adapted for setup or maintenance of the controller connector when the moveable interactive display is in an open position [360 patent at claim 1]; and
wherein the moveable interactive display is operationally able to move to display the controller connector and a screen associated with the moveable interactive display simultaneously [360 patent at claim 1].
Regarding Claim 2, the 360 Patent teaches the invention of claim 1 above and teaches a module with a module connector and a resource connector, wherein the module connector is operationally able to connect the resource connector to wiring for the external resource [360 patent at claim 2].
Regarding Claim 3, the 360 Patent teaches the invention of claim 2 above and teaches wherein the resource connector is operationally able to provide voltage monitoring [360 patent at claim 3].
Regarding Claim 4, the 360 Patent teaches the invention of claim 2 above and teaches wherein the resource connector is operationally able to provide power monitoring [360 patent at claim 4].
Regarding Claim 5, the 360 Patent teaches the invention of claim 2 above and teaches wherein the resource connector is operationally able to provide fault detection [360 patent at claim 5].
Regarding Claim 6, the 360 Patent teaches the invention of claim 1 above and teaches wherein there are multiple controller connectors and wherein representations of the multiple controller connectors are displayed on the moveable interactive display [360 patent at claim 6].
Regarding Claim 7, the 360 Patent teaches the invention of claim 1 above and teaches wherein the moveable interactive display is operationally able to allow a user to determine a protocol for the controller connector [360 patent at claim 7].
Regarding Claim 8, the 360 Patent teaches the invention of claim 7 above and teaches wherein the moveable interactive display is operationally able to update when a new resource is attached to the controller connector [360 patent at claim 8].
Regarding Claim 9, the 360 Patent teaches the invention of claim 1 above and teaches a second controller and wherein the building system controller is connected to the second controller [360 patent at claim 9].
Regarding Claim 10, the 360 Patent teaches the invention of claim 1 above and teaches mains power and wherein the mains power is shut off when the moveable interactive display is in the open position [360 patent at claim 10].
Regarding Claim 11, the 360 Patent teaches the invention of claim 1 above and teaches a hook tab that is operationally able to load a spring of a module operationally able to attach to the building system controller [360 patent at claim 11].
Regarding Claim 12, the 360 Patent teaches the invention of claim 11 above and teaches a spring bar that is operationally able to load a spring of a module operationally able to attach to the building system controller [360 patent at claim 12].
Regarding Claim 13, the 360 Patent teaches the invention of claim 12 above and teaches a wiring terminal attachment block that is operationally able to attach to a module with resource connectors that are operationally able to attach to a resource [360 patent at claim 13].
Regarding Claim 14, the 360 Patent teaches the invention of claim 1 above and teaches mains power and wherein the mains power is shut off when the moveable interactive display is in the open position [360 patent at claim 14].
Regarding Claim 15, the 360 Patent teaches a building system controller [360 patent at claim 15] comprising:
a housing adapted to store a plurality of modules, the housing with computing hardware and programmable memory attached [360 patent at claim 15];
the housing having a surface comprising a moveable interactive display moveably connected to the housing, the moveable interactive display operationally able to display a controller setup and maintenance screen [360 patent at claim 15];
the housing having a controller connector attached to a surface, the controller connector providing a connection point for a module, the module comprising a module connector and a resource connector [360 patent at claim 15];
the housing adapted for maintenance of the resource connector when the moveable interactive display is in an open position [360 patent at claim 15]; and
wherein the moveable interactive display is operationally able to move to display the controller connector and maintenance screen simultaneously [360 patent at claim 15].
Regarding Claim 16, the 360 Patent teaches the invention of claim 15 above and teaches wherein the moveable interactive display is adapted for viewing a controller setup when the moveable interactive display is in a closed position [360 patent at claim 16].
Regarding Claim 17, the 360 Patent teaches the invention of claim 16 above and teaches wherein the resource connector comprises current monitoring, voltage monitoring, power monitoring, or fault detection [360 patent at claim 17].
Regarding Claim 18, the 360 Patent teaches a building system controller [360 patent at claim 18] comprising:
a housing adapted to store a plurality of modules, the housing with computing hardware and programmable memory attached [360 patent at claim 18];
the housing having a surface comprising a moveable interactive display moveably connected to the housing [360 patent at claim 18];
the housing having a controller connector attached to a surface, the controller connector providing a connection point for an external resource [360 patent at claim 18]; and wherein the moveable interactive display is operationally able to move to display the controller connector and a screen associated with the moveable interactive display simultaneously [360 patent at claim 18].
Regarding Claim 19, the 360 Patent teaches the invention of claim 18 above and teaches a wiring terminal attachment block that is operationally able to attach to a module with resource connectors that are operationally able to attach to a resource [360 patent at claim 19].
Regarding Claim 20, the 360 Patent teaches the invention of claim 13 above and teaches wherein the surface comprising a moveable interactive display is a front surface [360 patent at claim 1].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Won et al. (US2021/0259392);
Junfei et al. (CN208566918U).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY L FURDGE whose telephone number is (313)446-4895. The examiner can normally be reached M-R 6a-3p; F 6a-10a.
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, Jerry Fletcher can be reached at 571-270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LARRY L FURDGE/Primary Examiner, Art Unit 3763
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