DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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).
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Claim Claims 1 and 13-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, and 12 of U.S. Patent No. 12,132,125. Although the claims at issue are not identical, they are not patentably distinct from each other because claims are essentially claiming same subject matter.
Claims of instant application
Claims of Patent 12,132125
1. An apparatus, comprising: a plurality of terminals, comprising: a first terminal configured to be connected to a string of photovoltaic cells; a second terminal; a third terminal; and a fourth terminal; a circuit connected between the third terminal and the fourth terminal; and a plurality of switches comprising: a first switch connected between the first terminal and the second terminal; a second switch connected between the first terminal and the third terminal; and a third switch connected between the second terminal and the fourth terminal, wherein in a first state of the apparatus, the first switch is configured to connect the first terminal with the second terminal, and wherein in a second state of the apparatus, the second switch is configured to connect the first terminal with the third terminal and the third switch is configured to connect the second terminal with the fourth terminal.
1. An apparatus, comprising: a plurality of terminals, comprising: a first terminal configured to be electrically coupled to a string of photovoltaic cells; a second terminal; a third terminal; and a fourth terminal; a circuit electrically coupled between the third terminal and the fourth terminal; and a bypass plug configured to mechanically couple to the plurality of terminals, wherein the bypass plug comprises at least one isolating portion, wherein the bypass plug is configured to isolate at least two of the plurality of terminals from each other, wherein the bypass plug is configured to switch between a first state and a second state of the apparatus, and wherein in the first state of the apparatus, the first terminal and the second terminal are electrically connected, and in the second state: the first terminal and the third terminal are electrically connected, and the second terminal and the fourth terminal are electrically connected.
Claims 13, 15
Claims 1, 12
16. A method comprising: connecting a first terminal of an apparatus to a string of photovoltaic cells, wherein: a first switch is connected between the first terminal and a second terminal, a circuit is connected between a third terminal and a fourth terminal, a second switch is connected between the first terminal and the third terminal, and a third switch is connected between the second terminal and the fourth terminal; and switching the apparatus between at least a first state and a second state, comprising: in the first state: electrically connecting, using the first switch, the first terminal with the second terminal; and in the second state: electrically connecting, using the second switch, the first terminal with the third terminal, and electrically connecting, using the third switch, the second terminal with the fourth terminal.
12. A method, comprising: bypassing electronics of a photovoltaic module by one of plugging in or unplugging a bypass plug to or from at least some of a plurality of terminals of the photovoltaic module; flash testing photovoltaic cells of the photovoltaic module while the electronics are bypassed by the bypass plug, wherein the bypass plug comprises at least one isolating portion configured to abut at least one of the plurality of terminals of the photovoltaic module; and reconnecting the electronics by the other of plugging in or unplugging the bypass plug to or from at least some of the plurality of terminals of the photovoltaic module.also see claims
Claims 17
Claim 12
Claim Claims1, 13-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 17, 18, 20 of U.S. Patent No. 11,424,617. Although the claims at issue are not identical, they are not patentably distinct from each other because claims are essentially claiming same subject matter.
Claims of instant application
Claims of US patent 11,424,617
1. An apparatus, comprising: a plurality of terminals, comprising: a first terminal configured to be connected to a string of photovoltaic cells; a second terminal; a third terminal; and a fourth terminal; a circuit connected between the third terminal and the fourth terminal; and a plurality of switches comprising: a first switch connected between the first terminal and the second terminal; a second switch connected between the first terminal and the third terminal; and a third switch connected between the second terminal and the fourth terminal, wherein in a first state of the apparatus, the first switch is configured to connect the first terminal with the second terminal, and wherein in a second state of the apparatus, the second switch is configured to connect the first terminal with the third terminal and the third switch is configured to connect the second terminal with the fourth terminal.
1. An apparatus, comprising: a plurality of terminals comprising a first terminal, a second terminal, a third terminal, and a fourth terminal; a first circuit node configured to be electrically coupled to a string of photovoltaic (PV) cells, wherein the first circuit node electrically is coupled to the first terminal; a second circuit node electrically coupled to the second terminal; a third circuit node electrically coupled to the third terminal; a fourth circuit node electrically coupled to the fourth terminal; electronics electrically coupled between the third circuit node and the fourth circuit node; a circuit configured to: in a first state, electrically couple the first circuit node with the second circuit node; and in a second state, electrically couple the first circuit node with the third circuit node and electrically couple the second circuit node with the fourth circuit node; and a housing at least partially enclosing the first circuit node, the second circuit node, the third circuit node, the fourth circuit node, and the electronics.
Claims 13-15
Claims 1, 17, 18, 20
16. A method comprising: connecting a first terminal of an apparatus to a string of photovoltaic cells, wherein: a first switch is connected between the first terminal and a second terminal, a circuit is connected between a third terminal and a fourth terminal, a second switch is connected between the first terminal and the third terminal, and a third switch is connected between the second terminal and the fourth terminal; and switching the apparatus between at least a first state and a second state, comprising: in the first state: electrically connecting, using the first switch, the first terminal with the second terminal; and in the second state: electrically connecting, using the second switch, the first terminal with the third terminal, and electrically connecting, using the third switch, the second terminal with the fourth terminal.
17. A method comprising: electrically coupling a circuit to at least some circuit nodes of a plurality of circuit nodes, wherein: the plurality of circuit nodes comprises a first circuit node, a second circuit node, a third circuit node, and a fourth circuit node; electronics are electrically coupled between the third circuit node and the fourth circuit node; a housing at least partially encloses the electronics, the first circuit node, the second circuit node, the third circuit node, and the fourth circuit node; in a first state, the circuit electrically couples the first circuit node and the second circuit node; and in a second state, the circuit electrically couples the first circuit node with the third circuit node and electrically couples the second circuit node with the fourth circuit node; and electrically coupling the first circuit node to a string of photovoltaic (PV) cells
Claims 17, 18
Claims 18 and 20
Claims 1, 9, 10, 13, 15-17, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 5, 6, 10, 13, 14, 18 of U.S. Patent No. 10,651,647. Although the claims at issue are not identical, they are not patentably distinct from each other because claims are essentially claiming same subject matter.
Claims of instant application
Claims of US patent 10,651,647
1. An apparatus, comprising: a plurality of terminals, comprising: a first terminal configured to be connected to a string of photovoltaic cells; a second terminal; a third terminal; and a fourth terminal; a circuit connected between the third terminal and the fourth terminal; and a plurality of switches comprising: a first switch connected between the first terminal and the second terminal; a second switch connected between the first terminal and the third terminal; and a third switch connected between the second terminal and the fourth terminal, wherein in a first state of the apparatus, the first switch is configured to connect the first terminal with the second terminal, and wherein in a second state of the apparatus, the second switch is configured to connect the first terminal with the third terminal and the third switch is configured to connect the second terminal with the fourth terminal.
1. An apparatus, comprising: a junction box comprising a plurality of terminals, the plurality of terminals comprising: a first terminal configured to be connected to one or more photovoltaic cells; a second terminal; a third terminal; and a fourth terminal; electronics electrically coupled in series between the third terminal and the fourth terminal; and a bypass device comprising one or more protrusions, wherein the one or more protrusions are configured to selectively either cause the apparatus to be in a first state by shorting together the first terminal and the second terminal, or to cause the apparatus to be in a second state by electrically shorting together the first terminal and the third terminal and electrically shorting together the second terminal and the fourth terminal, depending upon whether the bypass device is plugged into the junction box.Also see claim 10
Claims 9, 10, 13, 15.
Claims 5, 6, 13, 14, 18.
16. A method comprising: connecting a first terminal of an apparatus to a string of photovoltaic cells, wherein: a first switch is connected between the first terminal and a second terminal, a circuit is connected between a third terminal and a fourth terminal, a second switch is connected between the first terminal and the third terminal, and a third switch is connected between the second terminal and the fourth terminal; and switching the apparatus between at least a first state and a second state, comprising: in the first state: electrically connecting, using the first switch, the first terminal with the second terminal; and in the second state: electrically connecting, using the second switch, the first terminal with the third terminal, and electrically connecting, using the third switch, the second terminal with the fourth terminal.
17. A method comprising: electrically coupling a circuit to at least some circuit nodes of a plurality of circuit nodes, wherein: the plurality of circuit nodes comprises a first circuit node, a second circuit node, a third circuit node, and a fourth circuit node; electronics are electrically coupled between the third circuit node and the fourth circuit node; a housing at least partially encloses the electronics, the first circuit node, the second circuit node, the third circuit node, and the fourth circuit node; in a first state, the circuit electrically couples the first circuit node and the second circuit node; and in a second state, the circuit electrically couples the first circuit node with the third circuit node and electrically couples the second circuit node with the fourth circuit node; and electrically coupling the first circuit node to a string of photovoltaic (PV) cells
Claims 17, 20
Claims 5, 13
Claims 1, 2, 9, 10, 13, 15-17 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 2, 5, 6, and 13 of U.S. Patent No. 109,819,178. Although the claims at issue are not identical, they are not patentably distinct from each other because claims are essentially claiming same subject matter.
Claims of instant application
Claims of US patent 9,819,178
1. An apparatus, comprising: a plurality of terminals, comprising: a first terminal configured to be connected to a string of photovoltaic cells; a second terminal; a third terminal; and a fourth terminal; a circuit connected between the third terminal and the fourth terminal; and a plurality of switches comprising: a first switch connected between the first terminal and the second terminal; a second switch connected between the first terminal and the third terminal; and a third switch connected between the second terminal and the fourth terminal, wherein in a first state of the apparatus, the first switch is configured to connect the first terminal with the second terminal, and wherein in a second state of the apparatus, the second switch is configured to connect the first terminal with the third terminal and the third switch is configured to connect the second terminal with the fourth terminal.
1. An apparatus, comprising: a first terminal configured to be electrically coupled to a string of photovoltaic cells; a second terminal; a third terminal; a fourth terminal; electronics electrically coupled in series between the third terminal and the fourth terminal; and a pluggable bypass connector comprising a first plurality of terminals and a second plurality of terminals and configured to: in a first state with the first plurality of terminals physically coupled to the first and second terminals, electrically short together the first terminal and the second terminal; and in a second state with the second plurality of terminals physically coupled to the first, second, third, and fourth terminals, electrically short together the first terminal and the third terminal and electrically short together the second terminal and the fourth terminal.
Claims 2, 9, 10, 13, 15
Claims 2, 5, 6, 13
16. A method comprising: connecting a first terminal of an apparatus to a string of photovoltaic cells, wherein: a first switch is connected between the first terminal and a second terminal, a circuit is connected between a third terminal and a fourth terminal, a second switch is connected between the first terminal and the third terminal, and a third switch is connected between the second terminal and the fourth terminal; and switching the apparatus between at least a first state and a second state, comprising: in the first state: electrically connecting, using the first switch, the first terminal with the second terminal; and in the second state: electrically connecting, using the second switch, the first terminal with the third terminal, and electrically connecting, using the third switch, the second terminal with the fourth terminal.
6. A method, comprising: bypassing electronics of a photovoltaic module by plugging in a bypass connector, in a first configuration, to at least some of a plurality of terminals of the photovoltaic module; flash testing photovoltaic cells of the photovoltaic module while the electronics are bypassed by the bypass connector; and reconnecting the electronics by plugging in the bypass connector, in a second configuration, to at least some of the plurality of terminals of the photovoltaic module.
Claims 20
Claims 5, 13
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1-20 are rejected under pre-AIA 35 U.S.C. 102(a) as being unpatentable by Adest et al. (US 2009/0146667 A1).
Re Claim 1: Adest teaches an apparatus (see 14 fig.1 para 0011, 0029), comprising: a plurality of terminals, comprising (see 40/50/70/74 fig. 3, 5, 9 para 0031, 0038-0039): a first terminal configured to be connected to a string of photovoltaic cells (see 10, 70 fig.5, 9 para 0031, 0038-0039); a second terminal (see 50a, 50 fig.5, 7 para 0031-0032); a third terminal (see switch node between 70-72 input fig.9 para 0031-0038); and a fourth terminal (see 74 output fig.9 para 0031, 0039, output of converter 12/bypass ); a circuit connected between the third terminal and the fourth terminal (see 12, 70, 74 fig.1, 3, 9 para 011, 0030, 0038-0039); and a plurality of switches (see 50, 70, 74 fig.5, 7, 9 para 0031, 0038-0039); comprising: a first switch connected between the first terminal and the second terminal (see 50a, 50 fig.5, 7 para 0031-0032); a second switch connected between the first terminal and the third terminal (see 70 fig.9 para 0031-0038-0039);; and a third switch connected between the second terminal and the fourth terminal (see 74 fig.9 para 0031, 0038-0039);, wherein in a first state of the apparatus, the first switch is configured to connect the first terminal with the second terminal (see 50a, 50 fig.5, 7 para 0031-0032, 0035 flesh test state), and wherein in a second state of the apparatus, the second switch is configured to connect the first terminal with the third terminal and the third switch is configured to connect the second terminal with the fourth terminal (see 70, 72, 74 fig.9 para 0038-0039, operational state).
Re Claim 16: Adest teaches a method (see 201-205 fig.4 para 0031, 0038) comprising: connecting a first terminal of an apparatus to a string of photovoltaic cells (see 10, 70 fig.5, 9 para 0031); wherein: a first switch is connected between the first terminal and a second terminal (see 50, 50a fig.5-7 para 0031-0032; bypass circuit , reed switch); a circuit is connected between a third terminal and a fourth terminal (see 12, 70, 74 fig.9 para 0011, 0030, 0038-0039); a second switch is connected between the first terminal and the third terminal (see 70 fig.9 para 0038-0039); and a third switch is connected between the second terminal and the fourth terminal (see 74 fig.9 para 0038-0039); and switching the apparatus between at least a first state and a second state (see 201-205 fig.4 para 0031, 0038, toggling modes), comprising: in the first state: electrically connecting, using the first switch, the first terminal with the second terminal (see 50, 50a fig.5, 7 para 0031, 0032, active bypass); and in the second state: electrically connecting, using the second switch, the first terminal with the third terminal, and electrically connecting, using the third switch, the second terminal with the fourth terminal (see 70, 74 fig.9 para 0031, 0038-00398).
Re Claim 2: Adest teaches invention set forth above, Adest further teaches further comprising a fifth terminal configured to be connected to the string of photovoltaic cells, wherein the first terminal is a positive input terminal and the fifth terminal is a negative input terminal (see 10 fig.5, 7 para 0031, 0032).
Re Claim 3: Adest teaches invention set forth above, Adest further teaches wherein the circuit is connected to the fifth terminal (see 10, 12 fig.9 para 0030, 0039, lower leg between 10 and 12).
Re Claim 4: Adest teaches invention set forth above, Adest further teaches further comprising a sixth terminal and a seventh terminal, wherein the sixth terminal is a positive output terminal and the seventh terminal is a negative output terminal (see 74, 20, 12 fig.9 para 0039; 74 to 20 can be sixth terminal and Lower leg between 12 and 20 terminal 7)
Re Claim 5: Adest teaches invention set forth above, Adest further teaches wherein the sixth terminal is directly connected to the second terminal, and the seventh terminal is directly connected to the fifth terminal (see fig.7, 9 para 0032-0039, return wiring).
Re Claim 6: Adest teaches invention set forth above, Adest further teaches wherein the circuit is connected to the fifth terminal (see 10, 12 fig.9 para 0030, 0039, lower leg between 10 and 12).
Re Claim 7: Adest teaches invention set forth above, Adest further teaches wherein a diode is connected to the fifth terminal (see 50a+ SCR15 fig.8b para 0036).
Re Claim 8: Adest teaches invention set forth above, Adest further teaches wherein: a first diode is connected to the first terminal; and a second diode is connected to the fifth terminal (see SCR15+fuse fig.8b para 0036).
Re Claim 9: Adest teaches invention set forth above, Adest further teaches wherein the circuit comprises converter circuitry (see 12 fig.1 para 0039).
Re Claim 10: Adest teaches invention set forth above, Adest further teaches wherein the circuit comprises inverter circuitry (see para 0011, 0039).
Re Claim 11: Adest teaches invention set forth above, Adest further teaches wherein the circuit is configured to process voltage received from the third terminal (see 70 fig.9 para 0038).
Re Claim 12: Adest teaches invention set forth above, Adest further teaches wherein a diode is connected to the first terminal (see SCR15 fig.8b para 0036)
Re Claim 13: Adest teaches invention set forth above, Adest further teaches wherein the plurality of switches are configured to switch the apparatus to the first state to enable flash testing of the string of photovoltaic cells (see 201-205 fig.4-5, 7 para 0031-0032).
Re Claim 14: Adest teaches invention set forth above, Adest further teaches wherein the plurality of switches are configured to switch, based on detecting a malfunction of the circuit, the apparatus to the first state (see fig.8b, 11 para 0036).
Re Claim 15: Adest teaches invention set forth above, Adest further teaches further comprising a housing configured to house the plurality of terminals, the circuit, and the plurality of switches (see 12, 70, 72, 74 fig.1 para 0029-30).
Re Claim 17: Adest teaches invention set forth above, Adest further teaches further comprising performing a flash test of the string of photovoltaic cells while the apparatus is in the first state and while the first terminal is connected to the string of photovoltaic cells (see 203 fig.4, 5, 7; para 0031-0032).
Re Claim 18: Adest teaches invention set forth above, Adest further teaches wherein the switching the apparatus between at least the first state and the second state comprises switching, based on detecting a malfunction of the circuit, the apparatus to the first state (see fuse/15 fig.8b, 11 para 0036).
Re Claim 19: Adest teaches invention set forth above, Adest further teaches further comprising connecting a fifth terminal of the apparatus to the string of photovoltaic cells (see 10, 12 fig.9 para 0030, 0039, lower leg between 10 and 12).
Re Claim 20: Adest teaches invention set forth above, Adest further teaches wherein the circuit comprises at least one of: converter circuitry or inverter circuitry (see para 0011, 0039).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aqeel H Bukhari whose telephone number is (571)272-4382. The examiner can normally be reached M-F (9am to 5pm).
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/AQEEL H BUKHARI/Examiner, Art Unit 2836
/DANIEL CAVALLARI/Primary Examiner, Art Unit 2836