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 1-7, 9-10, and 13-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/942950 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because
Current application
App: 18/942950
1. A method for testing wiring of an electrical installation having multiple circuits, comprising: generating multiple test signals, wherein each of the multiple test signals has a waveform that is asymmetric in the time domain and a combination of harmonics from a predefined group of higher harmonics, wherein the combinations of harmonics of the multiple test signals are different, injecting the multiple test signals into multiple first connections, which are assigned to the multiple circuits, at a first point of the electrical installation, wherein a different test signal of the multiple test signals is injected into each first connection of the multiple first connections, acquiring multiple measurement signals at multiple second connections, which are assigned to the multiple circuits, at a second point of the electrical installation, and determining assignments between in each case a first connection of the multiple first connections and a second connection of the multiple second connections on the basis of the injected test signals and the acquired measurement signals.
1. A method for testing wiring of an electrical installation having multiple circuits, comprising: generating multiple test signals, wherein each of the multiple test signals has a combination of predefined harmonics having at least one higher harmonic, wherein the amplitude and/or phase of the at least one higher harmonic of the multiple test signals are different, and injecting the multiple test signals into multiple first connections, which are assigned to the multiple circuits, at a first point of the electrical installation, wherein a different test signal of the multiple test signals is injected into each first connection of the multiple first connections.
9. The method according to claim 1, further comprising: acquiring multiple measurement signals at multiple second connections, which are assigned to the multiple circuits, at a second point of the electrical installation.
10. The method according to claim 9, further comprising: determining assignments between in each case a first connection of the multiple first connections and a second connection of the multiple second connections on the basis of the injected test signals and the acquired measurement signals.
14. The method according to claim 1, wherein each of the multiple test signals has a waveform that is asymmetric in the time domain.
2. The method as claimed in claim 1, wherein the multiple test signals are injected simultaneously into the multiple first connections.
2. The method according to claim 1, wherein the multiple test signals are injected simultaneously into the multiple first connections.
3. The method as claimed in claim 1, wherein the predefined group of higher harmonics comprises fourth and fifth harmonics.
3. The method according to claim 1, wherein the at least one higher harmonic comprises fourth and/or fifth harmonics.
4. The method as claimed in claim 1, wherein the waveform that is asymmetric in the time domain comprises, in addition to a fundamental, at least one of a second harmonic and a third harmonic.
4. The method according to claim 1, wherein the combination or predefined harmonics comprises, in addition to a fundamental, at least one of a second harmonic and a third harmonic.
5. The method as claimed in claim 1, wherein a fundamental of the waveform that is asymmetric in the time domain has a frequency different from a mains frequency of the electrical installation.
5. The method according to claim 1, wherein a fundamental of the predefined harmonics has a frequency different from a mains frequency of the electrical installation.
6. The method as claimed in claim 1, wherein a fundamental of the waveform that is asymmetric in the time domain has one of a frequency in the range of 50 to 60 Hz, a frequency in the range of 51 to 55 Hz, and a frequency of 52.63 Hz.
6. The method according to claim 1, wherein a fundamental of the predefined harmonics has one of a frequency in the range of 50 to 60 Hz, a frequency in the range of 51 to 55 Hz, and a frequency of 52.6 Hz.
7. The method as claimed in claim 1, wherein an amplitude of an nth harmonic of the group of higher harmonics has an amplitude factor of 1/n.sup.2 relative to an amplitude of a fundamental of the waveform that is asymmetric in the time domain.
7. The method according to claim 1, wherein the at least one higher harmonic comprises fourth and fifth harmonics, wherein the fourth harmonic has an amplitude factor of 1.35/16 or 1/16 or 0.65/16, and the fifth harmonic has an amplitude factor of 1.5/25 or 1/25 or 0.5/25 relative to an amplitude of a fundamental of the predefined harmonics, wherein an amplitude of one of the other nth higher harmonics of the predefined harmonics has an amplitude factor of 1/n.sup.2 relative to an amplitude of the fundamental of the predefined harmonics.
9. The method as claimed in claim 1, wherein determining assignments comprises: determining amplitudes of frequencies in the measurement signals that correspond to the frequencies of the harmonics from the predefined group of higher harmonics, and comparing the determined amplitudes with a threshold value.
11. The method according to claim 10, wherein determining assignments comprises: determining amplitudes and phases of spectral components for frequencies of the predefined harmonics in the measurement signals, and comparing the amplitudes and phases of the spectral components with amplitude threshold values or phase threshold values.
10. The method as claimed in claim 8, wherein the threshold value is set on the basis of an amplitude of a fundamental of the waveform that is asymmetric in the time domain.
12. The method according to claim 11, wherein the amplitude threshold values are set on the basis of an amplitude of a fundamental of the predefined harmonics.
13. The method as claimed in claim 1, wherein a first combination of the different combinations has only a certain higher harmonic having a first amplitude factor, a second combination of the different combinations has only the certain higher harmonic having a second amplitude factor, and a third combination of the different combinations has only the certain higher harmonic having a third amplitude factor, wherein the first, second and third amplitude factors are different.
7. The method according to claim 1, wherein the at least one higher harmonic comprises fourth and fifth harmonics, wherein the fourth harmonic has an amplitude factor of 1.35/16 or 1/16 or 0.65/16, and the fifth harmonic has an amplitude factor of 1.5/25 or 1/25 or 0.5/25 relative to an amplitude of a fundamental of the predefined harmonics, wherein an amplitude of one of the other nth higher harmonics of the predefined harmonics has an amplitude factor of 1/n.sup.2 relative to an amplitude of the fundamental of the predefined harmonics.
14. The method as claimed in claim 1, furthermore comprising one or both of: outputting the assignments between in each case a first connection of the multiple first connections and a second connection of the multiple second connections to a user, and/or comparing the assignments between in each case a first connection of the multiple first connections and a second connection of the multiple second connections with predefined assignments between in each case a first connection of the multiple first connections and a second connection of the multiple second connections.
13. The method according to claim 10, further comprising one or both of: outputting the assignments between in each case a first connection of the multiple first connections and a second connection of the multiple second connections to a user, and comparing the assignments between in each case a first connection of the multiple first connections and a second connection of the multiple second connections with predefined assignments between in each case a first connection of the multiple first connections and a second connection of the multiple second connections.
15. The method as claimed in claim 1, furthermore comprising: determining polarities of the acquired measurement signals in order to test the wiring of the electrical installation depending on the determined polarities.
15. The method according to claim 9, wherein each of the multiple test signals has a waveform that is asymmetric in the time domain, further comprising: determining polarities of the acquired measurement signals in order to test the wiring of the electrical installation depending on the determined polarities.
16. The method as claimed in claim 15, wherein determining polarities of the acquired measurement signals for a respective measurement signal of the acquired measurement signals comprises: determining a derivative of a respective measurement signal, generating a comparison signal by comparing the derivative with a threshold value, determining an average of the comparison signal, and determining the polarity of the respective measurement signal on the basis of the average of the comparison signal.
16. The method according to claim 15, wherein determining polarities of the acquired measurement signals for a respective measurement signal of the acquired measurement signals comprises: determining a derivative of a respective measurement signal, generating a comparison signal by comparing the derivative with a threshold value, determining an average of the comparison signal, and determining the polarity of the respective measurement signal on the basis of the average of the comparison signal.
17. The method as claimed in claim 15, wherein determining polarities of the acquired measurement signals for a respective measurement signal of the acquired measurement signals comprises: determining a correlation factor on the basis of a respective measurement signal and the waveform that is asymmetric in the time domain, and determining the polarity of the respective measurement signal on the basis of the correlation factor.
17. The method according to claim 15, wherein determining polarities of the acquired measurement signals for a respective measurement signal of the acquired measurement signals comprises: determining a correlation factor on the basis of a respective measurement signal and the waveform that is asymmetric in the time domain, and determining the polarity of the respective measurement signal on the basis of the correlation factor.
18. A test device for testing wiring of an electrical installation having multiple circuits, comprising: a test signal generation device that is configured to generate multiple test signals, wherein each of the multiple test signals has a waveform that is asymmetric in the time domain and a combination of harmonics from a predefined group of higher harmonics, wherein the combinations of harmonics of the multiple test signals are different, an injection device that is configured to inject the multiple test signals into multiple first connections, which are assigned to the multiple circuits, at a first point of the electrical installation, wherein a different test signal of the multiple test signals is injected into each first connection of the multiple first connections, an acquisition device that is configured to acquire multiple measurement signals at multiple second connections, which are assigned to the multiple circuits, at a second point of the electrical installation, and a processing device that is configured to determine assignments between in each case a first connection of the multiple first connections and a second connection of the multiple second connections on the basis of the injected test signals and the acquired measurement signals.
18. A test device for testing wiring of an electrical installation having multiple circuits, comprising: a test signal generation device that is configured to generate multiple test signals, wherein each of the multiple test signals has a combination of predefined harmonics having at least one higher harmonic, wherein the amplitude and/or phase of the at least one higher harmonic of the multiple test signals are different, and an injection device that is configured to inject the multiple test signals into multiple first connections, which are assigned to the multiple circuits, at a first point of the electrical installation, wherein a different test signal of the multiple test signals is injected into each first connection of the multiple first connections.
19. The test device according to claim 18, further comprising: an acquisition device that is configured to acquire multiple measurement signals at multiple second connections, which are assigned to the multiple circuits, at a second point of the electrical installation.
20. The test device according to claim 19, further comprising: a processing device that is configured to determine assignments between in each case a first connection of the multiple first connections and a second connection of the multiple second connections on the basis of the injected test signals and the acquired measurement signals.
19. The test device as claimed in claim 18, wherein an amplitude of an nth harmonic of the group of higher harmonics has an amplitude factor of 1/n.sup.2 relative to an amplitude of a fundamental of the waveform that is asymmetric in the time domain.
7. The method according to claim 1, wherein the at least one higher harmonic comprises fourth and fifth harmonics, wherein the fourth harmonic has an amplitude factor of 1.35/16 or 1/16 or 0.65/16, and the fifth harmonic has an amplitude factor of 1.5/25 or 1/25 or 0.5/25 relative to an amplitude of a fundamental of the predefined harmonics, wherein an amplitude of one of the other nth higher harmonics of the predefined harmonics has an amplitude factor of 1/n.sup.2 relative to an amplitude of the fundamental of the predefined harmonics.
20. The test device as claimed in claim 18, wherein the processing device, for determining assignments, is configured to: determine amplitudes of frequencies in the measurement signals that correspond to the frequencies of the harmonics from the predefined group of higher harmonics, and compare the determined amplitudes with a threshold value.
11. The method according to claim 10, wherein determining assignments comprises: determining amplitudes and phases of spectral components for frequencies of the predefined harmonics in the measurement signals, and comparing the amplitudes and phases of the spectral components with amplitude threshold values or phase threshold values.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Objections
Claim 1 is objected to because of the following informalities: the term “the time domain” should be “a time domain”. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: it is believed the phrase “the injected test signals and the acquired measurement signals” should be “the injected multiple test signals and the acquired multiple measurement signals”. Appropriate correction is required.
Claim 8 is objected to because of the following informalities: the phrase “filtering the measurement signals using bandpass filters the center frequencies of which” should include a comma and be “filtering the measurement signals using bandpass filters, the center frequencies of which”. Appropriate correction is required.
Claim 18 is objected for the same reasons as claim 1 above.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 7, the variable “n” is not defined. Therefore, the claim is considered indefinite.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under Double Patenting and 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding independent claims 1 and 18, the closest prior art is considered Morales (US 8,996,623). Morales teaches inputting tone signals into the circuit, and acquiring output signals, wherein signatures are determined from the output signals and the signatures includes harmonic characteristics. However, Morales does not teach that the input signals have different harmonic combinations. Morales only seems to teach determining harmonic signatures from output signals. Therefore, Morales does not teach at least “generating multiple test signals, wherein each of the multiple test signals has a waveform that is asymmetric in the time domain and a combination of harmonics from a predefined group of higher harmonics, wherein the combinations of harmonics of the multiple test signals are different, injecting the multiple test signals into multiple first connections, which are assigned to the multiple circuits, at a first point of the electrical installation, wherein a different test signal of the multiple test signals is injected into each first connection of the multiple first connections”. Therefore, claims 1 and 18 are above the most relevant prior art.
Claims 2-17 and 19-20 are considered above the prior art for depending on either of said independent claims 1 or 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2025/0164578 is relevant as it is the PGPub of the application used in the double patenting rejection.
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/RISHI R PATEL/Primary Examiner, Art Unit 2858
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