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 .
This Office Action is in response to the Applicant’s communication filed on October 16, 2024. In virtue of this communication, claims 1-20 are currently presented in the instant application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/16/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the 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.
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 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 7, 9-13, 16, 18-20, 22 and 24 of U.S. Patent No. 12,156,311.
Although the claims at issue are not identical, they are not patentably distinct from each other because the above indicated claims of the instant application are either anticipated by, or would have been obvious over, the above identified claims of the above patent, including:
As claim 1: A control module for controlling a control device of a load control system, wherein the control device is configured to control an electrical load, the control module comprising: a first electrical terminal, a second electrical terminal, a third electrical terminal, and a fourth electrical terminal; a first wired communication circuit coupled to the third and fourth electrical terminals and configured to communicate with the control device; a second wired communication circuit coupled to the first and second electrical terminals and configured to communicate with the control device; a control circuit; and a power supply configured to receive power via the first and second electrical terminals and generate a supply voltage for powering the control circuit; wherein the control circuit is configured to: control a magnitude of a voltage across the first and second electrical terminals using the second wired communication circuit; and determine whether to communicate with the control device using the first wired communication circuit or the second wired communication circuit based on a response caused by the control of the magnitude of the voltage across the first and second electrical terminals (see claim 1 of the above patent).
As claim 2: The control module of claim 1, wherein the response is indicated by a magnitude of a voltage across the first and second electrical terminals, a loss of power at the control module, or a reception of a response message via the first and second electrical terminals (see claim 2 of the above patent).
As claim 3: The control module of claim 1, wherein the second wired communication circuit is configured to short the first and second electrical terminals to control the magnitude of the voltage at the first and second electrical terminals (see claim 1 of the above patent).
As claim 4: The control module of claim 1, wherein the control circuit is configured to: receive a response message from the control device via the first and second electrical terminals; and determine to communicate with the control device using the second wired communication circuit based on the reception of the response message (see claim 15 of the above patent).
As claim 5: The control module of claim 4, wherein the control circuit is configured to control the magnitude of the voltage across the first and second electrical terminals using the second wired communication circuit to generate a test signal; and wherein the test signal comprises a query message, wherein the query message is configured to elicit the response from the control device when the control device is configured to communicate with the control module when wired in the two-wire topology (see claim 13 of the above patent).
As claim 6: The control module of claim 5, wherein the control circuit is configured to: determine to communicate with the control device using the first wired communication circuit in response to a determination that the response message was not received from the control device (see claim 20 of the above patent).
As claim 7: The control module of claim 5, wherein the control circuit is configured to transmit an error message to an external device in response to a determination that the response message was not received from the control device, wherein the error message comprises an indication that the control module was not successful in configuring the control device (see claim 16 of the above patent).
As claim 8: The control module of claim 1, wherein the control circuit is configured to determine to communicate with the control device using the first wired communication circuit when the control of the magnitude of the voltage across the first and second electrical terminals causes the control module to lose power (see claim 18 of the above patent).
As claim 9: The control module of claim 1, wherein the control circuit is configured to set a test-attempt flag prior to the control of the magnitude of the voltage across the first and second electrical terminals; and wherein, when powering up, the control circuit is configured to determine whether the test-attempt flag indicates that the control circuit had lost power in response to the control of the magnitude of the voltage across the first and second electrical terminals (see claim 7 of the above patent).
As claim 10: The control module of claim 1, wherein the control circuit is configured to set a configured flag that indicates whether the control circuit is configured to communicate with the control device using the first wired communication circuit or the second wired communication circuit (see claim 24 of the above patent).
As claim 11: The control module of claim 1, wherein the control circuit is configured to store in memory an indication of whether to communicate with the control device using the first wired communication circuit or the second wired communication circuit (see claim 9 of the above patent).
As claim 12: The control module of claim 1, wherein control of the magnitude of the voltage across the first and second electrical terminals comprises the control circuit generating an initial pulse by attempting to drive the magnitude of the voltage across the first and second electrical terminals low for a period of time (see claim 18 of the above patent).
As claim 13: The control module of claim 12, wherein the control circuit is configured to determine to communicate with the control device using the first wired communication circuit when the generation of the initial pulse causes the control module to lose power during the period of time that the control circuit is driving the magnitude of the voltage across the first and second electrical terminals low (see claim 22 of the above patent)
As claim 14: The control module of claim 12, wherein the second wired communication circuit is configured to generate a receive signal that indicates the magnitude of the voltage across the first and second electrical terminals, and the control circuit is configured to determine to communicate with the control device using the first wired communication circuit when the magnitude of the receive signal does not change during the period of time that the control circuit is driving the magnitude of the voltage across the first and second electrical terminals low (see claim 19 of the above patent).
As claim 15: The control module of claim 1, wherein the control circuit is configured to disable the first wired communication circuit when the control module is configured to communicate with the control device using the second wired communication circuit; and wherein the control circuit is configured to disable the second wired communication circuit when the control module is configured to communicate with the control device using the first wired communication circuit (see claims 3-4 of the above patent).
As claim 16: The control module of claim 1, wherein the control module is configured to communicate with the control device using the second wired communication circuit by transmitting and receiving messages using a DALI communication protocol; and wherein the control module is configured to communicate with the control device using the first wired communication circuit is configured to communicate by generating a 0-10V control signal (see claim 10 of the above patent).
As claim 17: The control module of claim 1, wherein the control module is configured to communicate with the control device using the second wired communication circuit by transmitting and receiving messages using a DALI communication protocol; and wherein the control module is configured to communicate with the control device using the first wired communication circuit by transmitting and receiving messages using an RS-485 communication protocol (see claim 11 of the above patent).
As claim 18: The control module of claim 1, wherein the control module is configured to communicate with the control device using the second wired communication circuit by transmitting and receiving messages using a digital communication protocol; and wherein the control module is configured to communicate with the control device using the first wired communication circuit by generating control signals using an analog control protocol (see claim 12 of the above patent).
Allowable Subject Matter
Claim 19 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Prior art of record fails to disclose or fairly suggest the following limitations:
A control module … comprising: … “wherein, when the control module is coupled to the control device using a four-wire topology, the control module is configured to receive power via the first and second electrical terminals and configured to communicate with the control device using the first wired communication circuit via the third and fourth electrical terminals; and wherein, when the control module is coupled to the control device using a two-wire topology, the control module is configured to receive power via the first and second electrical terminals and configured to communicate with the control device using the second wired communication circuit via the first and second electrical terminals” as claimed in dependent claim 19 (claim 20 is also objected as being dependent on claim 19).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Prior art King – US 11,219,108
Prior art Cohen et al. – US 2022/0201825
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/TUNG X LE/Primary Examiner, Art Unit 2844 January 5, 2026