DETAILED ACTION
Status of Case
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is in response to the claims filed on 9/30/2024
Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statements (IDS) filed on 10/30/2024, 1/13/2025, and 6/5/2025 have been considered by Examiner.
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 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 11,699,904. Although the claims at issue are not identical, they are not patentably distinct from each other because all of the limitations of the claims of the instant application are recited in the noted claims of the 11,699,904 patent (see correspondence table below):
Instant Application
U.S. Patent No. 11,699,904
1. A system for determining a phase of one or more nodes coupled to an electrical distribution system, the system comprising: a device in electronic communication with one or more node devices connected to a power distribution network and having a memory and one or more electronic processors configured to: transmit a synchronization message; receive a message from a first node device of the one or more node devices, wherein the message includes a time value indicating a time period between a receipt of the transmitted synchronization message and a detected zero crossing; compare the time period against previous time periods received from at least a second node device with a known phase connection; and determine a phase of the first node device based on the comparison.
2. The system of claim 1, wherein the one or more node devices are electrically coupled to a power distribution system and comprise a memory and one or more electronic processors configured to: receive the synchronization message; determine a zero crossing of an AC waveform of the power distribution system occurring subsequent to receiving the synchronization message; calculate the time period between the receipt of the synchronization message and the determined zero crossing; generate the message comprising the time period; and transmit the message.
3. The system of claim 2, wherein message further comprises a node identification value, and a synchronization ID value; and wherein the synchronization ID value is associated with the received synchronization message.
4. The system of claim 1, wherein the synchronization message is transmitted using a wireless communication protocol.
5. The system of claim 4, wherein the wireless communication protocol is an RF communication protocol.
6. The system of claim 1, wherein the one or more node devices are selected from a group consisting of electronic metering devices, sensors, and distribution automation devices.
7. The system of claim 1, wherein the one or more electronic processors of the device are further configured to transmit the determined phase to the first node.
8. A method for determining a phase at a node device connected to a power distribution network, the method comprising: transmitting a first synchronization message to one or more node devices; receiving a data message from a first node device of the one or more node devices, wherein the data message includes a duration value; comparing the duration value received from the first node device against duration values received from at least a second node devices with a known phase connection; determining a phase of the first node device based on the comparison.
9. The method of claim 8, wherein the method is performed by a central computing device.
10. The method of claim 8, wherein the method is performed by a plurality of gateway devices in electronic communication with the one or more nodes.
11. The method of claim 8, wherein determining the phase of the first node device comprises determining a relationship of the duration value of the first node device to the durational values received from the at least one node device with a known phase connection, and wherein the phase of the first node device is determined to be one of a same phase, a +120° offset phase, and a −120° offset phase based on the determined relationship.
12. The method of claim 8, further comprising: receiving, at the first node device, the first synchronization message; determining, at the first node device, a zero crossing of an AC waveform of the power distribution network occurring immediately subsequent to receiving the first synchronization message; calculating, at the first node device, the duration value between the receipt of the first synchronization message and the determined zero crossing; generating, at the first node device, the data message comprising the duration value, a node identification value, and a synchronization ID value; and transmitting, by the first node device, the data message.
13. The method of claim 12, wherein the synchronization ID value is associated with the received synchronization message.
14. The method of claim 12, further comprising: receiving the determined phase at the first node device; and storing the determined phase in a memory of the first node device.
15. The method of claim 8, wherein the duration values received from the at least one node device with a known phase connection are determined based on the first synchronization message.
16. A system for determining a phase of one or more nodes coupled to an electrical distribution system, the system comprising: a gateway device in electronic communication with a plurality of node devices connected to a power distribution network and having a memory and one or more electronic processors configured to: transmit a synchronization message to the plurality of node devices; receive a message from each of one or more of the plurality of node devices, wherein the message includes a time value indicating a duration between a receipt of the transmitted synchronization message and a detected zero crossing; group the received messages based on the duration value; compare the duration values against previous duration values received from at least a first node device with a known phase connection; and determine a phase of the first node device based on the comparison.
1. A system for determining a phase of one or more nodes coupled to an electrical distribution system, the system comprising: a plurality of gateway devices, each of the gateway devices in electronic communication with one or more node devices connected to a power distribution network and having a memory and one or more electronic processors configured to: transmit a synchronization message; receive a node response message from a first node device of the one or more node devices, wherein the node response message includes a duration value indicating a duration between a receipt of the transmitted synchronization message and a detected zero crossing; compare the duration value against previous duration values received from at least a second node device with a known phase connection; determine a phase of the first node device based on the comparison; and store the phase of the first node device in the memory.
2. The system of claim 1, wherein the one or more node devices are electrically coupled to a power distribution system and comprise a memory and one or more electronic processors configured to: receive the synchronization message; determine a zero crossing of an AC waveform of the power distribution system occurring subsequent to receiving the synchronization message; calculate the duration value between the receipt of the synchronization message and the determined zero crossing; generate the node response message comprising the duration value; and transmit the node response message.
3. The system of claim 2, wherein node response message further comprises a node identification value, and a synchronization ID value; and wherein the synchronization ID value is associated with the received synchronization message.
4. The system of claim 1, wherein the synchronization message is transmitted using a wireless communication protocol.
5. The system of claim 4, wherein the wireless communication protocol is an RF communication protocol.
6. The system of claim 1, wherein the one or more node devices are selected from a group consisting of electronic metering devices, sensors, and distribution automation devices.
7. The system of claim 1, wherein the one or more electronic processors of the gateway device are further configured to transmit the determined phase to the first node.
8. A method for determining a phase at a node device connected to a power distribution network, the method comprising: transmitting a first synchronization message to one or more node devices; receiving a data message from a first node device of the one or more node devices, wherein the data message includes a duration value; comparing the duration value received from the first node device against duration values received from at least a second node devices with a known phase connection; determining a phase of the first node device based on the comparison; and storing the phase of the first node device in a memory.
9. The method of claim 8, wherein the method is performed by a central computing device.
10. The method of claim 8, wherein the method is performed by a plurality of gateway devices in electronic communication with the one or more nodes.
11. The method of claim 8, wherein determining the phase of the first node device comprises determining a relationship of the duration value of the first node device to the durational values received from the at least one node device with a known phase connection, and wherein the phase of the first node device is determined to be one of the same phase, a +120° offset phase, and a −120° offset phase based on the determined relationship.
12. The method of claim 8, further comprising: receiving, at the first node device, the first synchronization message; determining, at the first node device, a zero crossing of an AC waveform of the power distribution system occurring immediately subsequent to receiving the first synchronization message; calculating, at the first node device, the duration value between the receipt of the first synchronization message and the determined zero crossing; generating, at the first node device, the data message comprising the duration value, a node identification value, and a synchronization ID value; and transmitting, by the first node device, the data message.
13. The method of claim 12, wherein the synchronization ID value is associated with the received synchronization message.
14. The method of claim 12, further comprising: receiving the determined phase at the first node device; and storing the determined phase in a memory of the first node device.
15. The method of claim 8, wherein the duration values received from the at least one node device with a known phase connection are determined based on the first synchronization message.
16. A method for determining a phase at a node device connected to a power distribution network, the method comprising: transmitting a first synchronization message to one or more node devices; receiving a data message from a first node device of the one or more node devices, wherein the data message includes a duration value; comparing the duration value received from the first node device against duration values received from at least a second node devices with a known phase connection; determining a phase of the first node device based on the comparison, wherein determining the phase of the first node device comprises determining a relationship of the duration value of the first node device to the durational values received from the at least one node device with a known phase connection, and wherein the phase of the first node device is determined to be one of the same phase, a +120° offset phase, and a −120° offset phase based on the determined relationship; and storing the phase of the first node device in a memory.
Allowable Subject Matter
Claims 1-20 are allowed, subject to correction of the noted double patenting rejection above.
A full search was conducted and the features of the instant claims were not found
to be in any reasonable combination of the prior art.
The closest prior art consists of Hui (USPAN 2015/0237130) in view of Dam
(USPN 6,631,639).
Hui discloses transmitting a synchronization message (see paragraph 40 and
figure 10: sending time sync messages that include the time value of a recent zero-
crossing event and a time offset from that event) and determining the duration value
received from at least a second node device with a known phase connection; determine
a phase of the first node device; and store the phase of the first node device in the
memory (see paragraph 46: a second component of the techniques herein involves
synchronizing time between two devices on different phases. For example, techniques
outside the scope of the techniques herein may allow devices to determine their relative
phase and absolute phase. In a multi-phase system, the absolute time is referenced off
a single phase (e.g., Phase A). Devices measuring zero-crossing events on different
phases must adjust for this phase difference. In one embodiment, as shown in FIG. 9, a
device may maintain a virtual clock that signals zero-crossing events at a phase-offset
from the phase it is connected to. For example, if the device is connected to Phase B, it
may maintain a virtual clock that signals events at a -120 degree offset to represent zero-crossing events on Phase A. When receiving a time-sync message from the first component, the device then assigns time values to virtual zero-crossing events for Phase A rather than the zero-crossing events on Phase B. Again, because the virtual clock is based on physical zero-crossing events of Phase B, any timing errors
introduced by the link-layer are eliminated; also, see figure 10, especially steps 1020
and 1025).
Dam discloses comparing a duration value against previous duration values
received from at least a second node device (see claim 20: the step of producing pulses
comprises producing single pulses of different and known duration and comparing the
phase differences of the signal waveforms generated by said different duration pulses to
check the integrity of components used in the detecting method).
However, Hui and Dam do not disclose, suggest, or render obvious the
limitations of the instant claims reciting a device in electronic communication with one or more node devices connected to a power distribution network and having a memory and one or more electronic processors configured to: transmit a synchronization message; receive a message from a first node device of the one or more node devices, wherein the message includes a time value indicating a time period between a receipt of the transmitted synchronization message and a detected zero crossing; compare the time period against previous time periods received from at least a second node device with a known phase connection; and determine a phase of the first node device based on the comparison, as recited in the instant claims.
As such, claims 1-20 are allowed over the closest prior art references
of Hui and Dam.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jamal Javaid whose telephone number is 571-270-5137 and email address is Jamal.Javaid@uspto.gov.
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/JAMAL JAVAID/
Primary Examiner, Art Unit 2412
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