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 .
DETAILED ACTION
This office action is a response to an application filed on 10/11/2024 in which claims 21-40 are pending and ready for examination.
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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,134,330 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they both disclose the same invention.
Instant Application # 18/913,083
U.S. Patent No. 12,134,330 B2
Claim 21:
A platform comprising: one or more service modules electrically connected to an energy source by an electrical connection; a communication device configured to communicate with a remote computing device, a mounting structure configured to affix the platform in a position; a power panel configured to provide a portion of electrical energy from the energy source to the one or more service modules; an electrical meter for measuring the electrical energy from the energy source; one or more electrical cables electrically connected to the one or more service modules ;and a container for receiving the one or more service modules or the communication device.
Claim 1:
A platform comprising: a power module for providing electrical energy from an energy source; one or more service modules disposed in the platform and electrically connected to the power module by an electrical connection; a communication device configured to communicate with a remote server, a mounting structure configured to affix the platform in a position; a power panel configured to provide a portion of the electrical energy from the power module to the one or more service modules; an electrical meter for receiving electrical energy from the power source; one or more electrical cables electrically connected to the one or more service modules; a controller configured to control at least one of: the one or more service modules, the communication device, or the power module; and a container for receiving the one or more service modules, the power module, the communication device, or the controller;.
Claim 22:
The platform of claim 21, wherein the communication device is configured to provide a communication connection between the platform and the remote computing device.
Claim 2:
The platform of claim 1, wherein the communication device is configured to provide a communication connection between the platform and the remote server.
Claim 23:
The platform of claim 21, wherein at least one of the one or more service modules is reservable.
Claim 3:
The platform of claim 1, wherein at least one of the one or more service modules is reservable.
Claim 24:
The platform of claim 21, wherein the communication device is configured to receive reservation information from the remote computing device.
Claim 4:
The platform of claim 1, wherein the communication device is configured to receive reservation information from the remote server.
Claim 25:
The platform of claim 21, wherein each of the one or more service modules are configured to provide a service relating to electric device charging systems, pneumatic systems, internet access systems, lighting systems, sanitary systems, storage systems, public safety systems, water condensation systems, weather monitoring systems, goods sharing systems, cellular service systems, power storage systems, parcel delivery systems, public vending systems, or power generation systems.
Claim 5:
The platform of claim 1, wherein each of the one or more service modules are configured to provide a service relating to electric device charging systems, pneumatic systems, internet access systems, lighting systems, sanitary systems, storage systems, public safety systems, water condensation systems, weather monitoring systems, goods sharing systems, cellular service systems, power storage systems, parcel delivery systems, public vending systems, or power generation systems.
Claim 26:
The platform of claim 21, wherein one of the one or more service modules is an electric vehicle charging module configured to provide electrical charging service to an electric vehicle.
Claim 6:
The platform of claim 1, wherein one of the one or more service modules is an electric vehicle charging module configured to provide electrical charging service to an electric vehicle.
Claim 27:
The platform of claim 21, where one of the one or more service modules provides between 120V and 250V electrical service at between 10A and 50A.
Claim 7:
The platform of claim 1, where one of the one or more service modules provides between 120V and 250V electrical service at between 10A and 50A.
Claim 30:
The platform of claim 21, further comprising a termination module that is configured to cover an opening on the top of the platform.
Claim 11:
The platform of claim 1, further comprising a termination module that is configured to cover an opening on the top of the platform.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 21-25 and 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Salcone (US 2015/0008747 A1) in view of Skotty et al (hereinafter Skotty) (US 2016/0027262 A1).
As to claim 21, Salcone discloses a platform (Fig 1, 100) comprising:
one or more service modules (Fig 9, 140, 160) electrically connected to an energy source (Fig 9, 130) by an electrical connection;
a power panel (Fig 10, 401) configured to provide a portion of electrical energy from the energy source to the one or more service modules;
an electrical meter (Fig 9, 430) for measuring the electrical energy from the energy source;
one or more electrical cables (Fig 9, N1, N2) electrically connected to the one or more service modules; and
a container (Fig 13, 450) for receiving the one or more service modules or the communication device.
Salcone does not disclose:
a communication device configured to communicate with a remote computing device,
a mounting structure configured to affix the platform in a position.
However, Skotty discloses:
a communication device (Fig 1, 90) configured to communicate with a remote computing device (Fig 1, 2),
a mounting structure (Fig 8, 310) configured to affix the platform in a position. It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the device of Salcone to include the communication device and mounting structure as taught by Skotty in order to communicate with remote device and also secure the device from damage.
As to claim 22, the combination of Salcone and Skotty discloses the platform of claim 21, wherein the communication device is configured to provide a communication connection between the platform and the remote computing device (Skotty, see Fig 1, parags [0030-0031]).
As to claim 23, the combination of Salcone and Skotty discloses the platform of claim 21, wherein at least one of the one or more service modules is reservable (Salcone, see Fig 9, 140, 160).
As to claim 24, the combination of Salcone and Skotty discloses the platform of claim 21, wherein the communication device is configured to receive reservation information from the remote computing device (Skotty, see parags [0030-0031], the communication device 90 will receive information from device 2).
As to claim 25, the combination of Salcone and Skotty discloses the platform of claim 21, wherein each of the one or more service modules are configured to provide a service relating to electric device charging systems (Salcone, see Fig 9, battery charging system), pneumatic systems, internet access systems, lighting systems, sanitary systems, storage systems, public safety systems, water condensation systems, weather monitoring systems, goods sharing systems, cellular service systems, power storage systems, parcel delivery systems, public vending systems, or power generation systems.
As to claim 28, the combination of Salcone and Skotty discloses the platform of claim 21, wherein the electrical meter (implicit, Salcone, see Fig 9, 430) is configured to maintain compliance with utility regulations.
As to claim 29, the combination of Salcone and Skotty discloses the platform of claim 21, wherein the mounting structure comprises a mounting plate (Skotty, see Fig 8, 310).
Claim(s) 26-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Salcone (US 2015/0008747 A1) in view of Skotty et al (hereinafter Skotty) (US 2016/0027262 A1) further in view of Taylor-Haw et al (hereinafter Taylor) (US 8,487,584 B2).
As to claim 26, the combination of Salcone and Skotty does not disclose the platform of claim 21, wherein one of the one or more service modules is an electric vehicle
charging module configured to provide electrical charging service to an electric vehicle.
However, Taylor discloses wherein one of the one or more service modules is an electric vehicle charging module configured to provide electrical charging service to an electric vehicle (see title). It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the device of Salcone and Skotty to include the teachings of Taylor in order to provide power to the vehicle.
As to claim 27, the combination of Salcone, Skotty and Taylor discloses the platform of claim 21, where one of the one or more service modules provides between 120V and 250V electrical service at between 10A and 50A (Taylor, see col 8, lines 62-63).
Claim(s) 30-37 and 40 is/are rejected under 35 U.S.C. 103 as being unpatentable Salcone (US 2015/0008747 A1) in view of Skotty et al (hereinafter Skotty) (US 2016/0027262 A1) further in view of Silha et al (hereinafter Silha) (US 2020/0037474 A1).
As to claim 30, the combination of Salcone and Skotty does not disclose the platform of claim 21, further comprising a termination module that is configured to cover an opening on the top of the platform.
However, Silha discloses a termination module that is configured to cover an opening on the top of the platform (see Figs 2 & 9, parag [0050]). It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the device of Salcone and Skotty to have dissipating structure 38 as taught by Silha in order to effectively cool the electrical components.
As to claim 31, the combination of Salcone, Skotty and Silha discloses the platform of claim 30, wherein the termination module comprises vents configured to allow air to enter and exit the platform (Silha, see Fig 9, parag [0050], [0057-0059]).
As to claim 32, the combination of Salcone, Skotty and Silha discloses the platform of claim 30, wherein the termination module comprises a termination cap having a curved profile (Silha, see Fig 9, parag [0050], curvilinear lines).
As to claim 33, Salcone discloses a platform comprising:
one or more service modules (Fig 9, 140, 160) electrically connected to an energy source (Fig 9, 130) by an electrical connection;
a power panel (Fig 9, 401) configured to provide a portion of the electrical energy from the energy source to the one or more service modules and to the communication device, wherein the power panel comprises:
a first power outlet (Fig 9, 160), wherein the first power outlet is electrically connected to the communication device; and
a second power outlet (Fig 9, 160);
one or more electrical cables (Fig 9, N1, N2) electrically connected to the one or more service modules;
a container (Fig 13, 450) for receiving the one or more service modules or the communication device.
Salcone does not disclose:a communication device configured to communicate with a remote computing device.
However, Skotty discloses:
a communication device (Fig 1, 90) configured to communicate with a remote computing device (Fig 1, 2),
a mounting structure (Fig 8, 310) configured to affix the platform in a position. It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the device of Salcone to include the communication device as taught by Skotty in order to provide communication for the system.
The combination of Salcone and Skotty does not disclose:
a termination module configured to be connected to and cover an opening on the top of the container, wherein
the termination module comprises vents configured to allow air to enter and exit the container.
However, Silha discloses a termination module that is configured to cover an opening on the top of the platform (see Figs 2 & 9, parag [0050]) wherein, the termination module comprises vents configured to allow air to enter and exit the container (see Fig 9, parag [0050], [0057-0059]). It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the device of Salcone and Skotty to have dissipating structure 38 as taught by Silha in order to effectively cool the electrical components of the device.
The combination of Salcone, Skotty and Silha does not disclose:
a first power outlet providing 120V electrical service;
a second power outlet providing 240V electrical service.
However, it would have been obvious to one skilled in the art before the effective filing date of the invention to modify the outlets of Salcone, Skotty and Silha to have 120V and 240V electrical services in order to provide different output power, since this is just designed choice and involves only routine skills in the art.
As to claim 34, the combination of Salcone, Skotty and Silha discloses the platform of claim 33, wherein the communication device (Skotty, see Fig 1, 90) is configured to provide a communication connection between the platform and the remote computing device (Skotty, see Fig 1, 2).
As to claim 35, the combination of Salcone, Skotty and Silha discloses the platform of claim 33, wherein the termination module comprises a termination cap having a curved profile (Silha, see Fig 9, parag [0050], curvilinear lines).
As to claim 36, the combination of Salcone, Skotty and Silha discloses the platform of claim 33, further comprising a controller (Skotty, see Fig 2, 20, parag [0030]) configured to manage operations of at least one of the one or more service modules or the communication device.
As to claim 37, the combination of Salcone, Skotty and Silha discloses the platform of claim 33, wherein the one or more service modules are disposed in the platform (Salcone, see Fig 10, 100).
As to claim 40, the combination of Salcone, Skotty and Silha does not disclose the platform of claim 33, wherein the power panel comprises a third power outlet providing 120V electrical service and a fourth power outlet providing 240V electrical service. However, it would have been obvious to one skilled in the art before the effective filing date of the invention to modify the outlets of Salcone, Skotty and Silha to have a third power outlet providing 120V electrical service and a fourth power outlet providing 240V electrical service in order to provide many different output powers, since this is just designed choice and involves only routine skills in the art.
Claim(s) 38-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Salcone (US 2015/0008747 A1) as modified by Skotty et al (hereinafter Skotty) (US 2016/0027262 A1) in view of Silha et al (hereinafter Silha) (US 2020/0037474 A1) further in view of Taylor-Haw et al (hereinafter Taylor) (US 8,487,584 B2).
As to claim 38, the combination of Salcone, Skotty and Silha does not disclose the platform of claim 33, wherein one of the one or more service modules is an electric vehicle charging module configured to provide electrical charging service to an electric vehicle.
However, Taylor discloses wherein one of the one or more service modules is an electric vehicle charging module configured to provide electrical charging service to an electric vehicle (see title). It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the device of Salcone and Skotty to include the teachings of Taylor in order to provide power to the vehicle.
As to claim 39, the combination of Salcone, Skotty and Silha discloses the platform of claim 33, where one of the one or more service modules provides between 120V and 250V electrical service at between 10A and 50A (Taylor, see col 8, lines 62-63).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUC M PHAM whose telephone number is (571)272-5026. The examiner can normally be reached 10:00 am - 6:00 pm, Monday to Friday.
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/DUC M PHAM/Examiner, Art Unit 2836 October 7, 2025
/REXFORD N BARNIE/Supervisory Patent Examiner, Art Unit 2836