Prosecution Insights
Last updated: October 04, 2026
Application No. 18/921,612

SYSTEM, CONTROLLER, AND METHOD FOR AUTOMATIC LOAD MANAGEMENT

Non-Final OA §102§103
Filed
Oct 21, 2024
Priority
Oct 20, 2023 — provisional 63/592,066
Examiner
JARRETT, RYAN A
Art Unit
Tech Center
Assignee
Sponge Microgrids Inc.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
712 granted / 881 resolved
+20.8% vs TC avg
Moderate +7% lift
Without
With
+7.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
23 currently pending
Career history
895
Total Applications
across all art units

Statute-Specific Performance

§101
9.2%
-30.8% vs TC avg
§103
30.8%
-9.2% vs TC avg
§102
30.1%
-9.9% vs TC avg
§112
21.5%
-18.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 881 resolved cases

Office Action

§102 §103
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 . Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 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 – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 10, 12-14 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2024/0250533 by Hunt et al. (Hunt hereinafter). Regarding claim 10, Hunt discloses a method for managing electrical loads [see at least Figure 7, (190) and (191)] connected to an electrical distribution panel [see at least Figure 7, (120)] having a plurality of circuit breakers [see at least Figure 7, (121) and (122)], wherein the electrical loads are electrically connected to the circuit breakers as to form a plurality of circuits [see at least Figure 7, (121) to (190) and (122) to (191)], the method comprising: providing a load management system distinct from the electrical distribution panel [see at least Figure 7, (130)], wherein the load management system comprises a service current measurement device for measuring input current to the electrical distribution panel [see at least Figure 7, (141A)] and one or more circuit interrupter assemblies [see at least Figure 7, (160)] for measuring currents of the electrical circuits and selectively opening to interrupt flows of the currents [see at least Figure 7, (141B)]; electrically connecting one or more of the circuit interrupter assemblies in series with respective ones of the circuits between a corresponding one of the circuit breakers of the respective circuit and a corresponding one of the electrical loads of the circuits [see at least Figure 7, (121) to (160) to (190)], wherein the circuit interrupter assemblies are connected between the corresponding circuit breaker and the corresponding load as to be downstream of the circuit breaker [see at least Figure 7, (160)]; using the load management system, measuring the input current of the electrical distribution panel and the currents of the respective circuits connected to the load management system [see at least “control circuit 155 (sic) may utilize the energy use rate measurements from both sensor in performing its control functions.”; paragraph 0064, “it may cause overcurrent protection mechanism 160 to open electrical path 165”]; and causing, using the load management system, one or more of the circuit interrupter assemblies to open to disconnect corresponding ones of the electrical loads of selected ones of the circuits in response to a determination based on the input current and the currents of the connected circuits [see at least “control circuit 155 (sic) may utilize the energy use rate measurements from both sensor in performing its control functions.”; paragraph 0064, “it may cause overcurrent protection mechanism 160 to open electrical path 165”]. Regarding claim 12, Hunt discloses the method of claim 10, wherein causing one or more of the circuit interrupter assemblies to open comprises operating the one or more circuit interrupter assemblies in an outage mode in which all of the interrupting devices are configured to be open in response to at least one of (i) the service entrance current being zero, and (ii) an external signal indicative of a power outage [see at least paragraph 0120, “information provided by utility operator (e.g., request to delay electricity use to avoid a reginal brownout or blackout)”]. Regarding claim 13, Hunt discloses the method of claim 10, further including measuring, using the load management system, input voltage of the electrical distribution panel at electrical connection to one of the circuit breakers. Regarding claim 14, Hunt discloses the method of claim 10, further including electrically connecting the load management system to one of the circuit breakers to draw operating power therefrom [see at least Figure 7, (121) to (130); there is no external power supply and as other Figures show, for example Figure 10, the EOM is only connected to the breaker]. Regarding claim 17, Hunt discloses the method of claim 10, wherein causing one or more of the circuit interrupter assemblies to open comprises toggling, between open and closed states, respective ones of the circuit interrupter assemblies connected to corresponding ones of the circuits including respective ones of the electrical loads of a flexible type, based on optimal energy usage information [see at least paragraphs 0026-0031 and paragraph 0120]. Regarding claim 18, Hunt discloses the method of claim 17 wherein toggling respective circuit interrupter assemblies between open and closed states is performed responsive to an external signal from a supervisory controller configured to predict optimal energy usage [see at least paragraph 0120]. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-4, 7 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over US 2024/0250533 by Hunt et al. (Hunt hereinafter). Regarding claim 1, Hunt discloses a system for electrical load management [see at least Figure 7], wherein the system is associated with an electrical distribution panel [see at least Figure 7, (120)] having a plurality of circuit breakers [see at least Figure 7, (121) and (122)] electrically connected to a plurality of a load circuits [see at least Figure 7, (190) and (191)], wherein the electrical distribution panel is arranged to be connected to an external power source as to receive service entrance current [see at least Figure 7, (101)], the system comprising: a housing arranged to be distinct from the electrical distribution panel [see at least paragraph 0086, “EOM 130 may include one or more housings for the components of the EOM.”]; one or more current [see at least paragraph 0084, “sensor 141B to measure the energy use rate alone the electrical path.”; paragraph 0007, “a current sensor to measure the energy use rate by measuring an electrical current through the energy supply wire”] and wherein the interrupting device is configured to selectively form an open-circuit state for disconnecting the corresponding load circuit [see at least paragraph 0064, “it may cause overcurrent protection mechanism 160 to open electrical path 165”]; and a controller in operative communication with the service measurement device and said one or more circuit interrupter assemblies [see at least Figure 7, (150)], the controller comprising one or more processing units in communication with a data storage comprising executable instructions [see at least paragraph 0012, “the control circuit comprises at least one processor and at least one non-transitory computer-readable storage medium”] to: receive measurements of the service entrance current from the service measurement device [see at least paragraph 0084, “sensor 141A to measure the energy use rate of the electrical panel 120”]; receive measurements of the load current from each load measurement device of the one or more circuit interrupter assemblies [see at least paragraph 0084, “sensor 141B to measure the energy use rate along the electrical path.”]; and configure selected ones of the interrupting devices in the open-circuit states in response to a determination based on the measurements of the service entrance current and the load currents [see at least “control circuit 155 (sic) may utilize the energy use rate measurements from both sensor in performing its control functions.”; paragraph 0064, “it may cause overcurrent protection mechanism 160 to open electrical path 165”]. Hunt fails to disclose a pair of connection ports and that the load measuring device is located within the housing. However, a second connection port is simply a duplication of parts. Hunt discloses the claimed invention except for a single connection port. It would have been obvious to one having ordinary skill in the art before the effective filing date of the Applicant's invention to include a pair of connection ports to allow for multiple wires/cables to be utilized thus allowing for both positive and negative connections to fully power a load and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. Further, Hunt discloses the claimed invention except for that the load measuring device is located outside the housing. It would have been obvious to one having ordinary skill in the art before the effective filing date of the Applicant's invention to locate the load measuring device within the housing, thus protecting the load measuring device from damage/weather and ensuring the operation of the load measuring device and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Regarding claim 2, Hunt discloses the system of claim 1, wherein the housing is configured to be mounted to a face of the electrical distribution panel [see at least paragraph 0086, “The housing may be secured, for example to a surface adjacent to electrical panel 120 or at another location.”; as there is nothing disclosed that would be unique for mounting, the housing is “configured to be mounted” which would include general aspects of mounting allowing it to be mounted to the face of the electrical distribution panel]. Regarding claim 3, Hunt discloses the system of claim 1, wherein the executable instructions to configure selected ones of the interrupting devices to form the open-circuit states comprise instructions to configure all of the interrupting devices in the open-circuit states as to disconnect all of the load circuits in an outage operational mode [see at least paragraph 0120, “information provided by utility operator (e.g., request to delay electricity use to avoid a reginal brownout or blackout)”]. Regarding claim 4, Hunt discloses the system of claim 1, further including a power terminal configured to electrically connect to one of the circuit breakers to draw power from the electrical distribution panel [see at least Figure 7, (121) to (165); the circuit breaker provides power to a line/wire, the connection to the circuit breaker is a power terminal]. Regarding claim 7, Hunt discloses the system of claim 1, wherein, when the system includes a power terminal configured to be electrically connected to the electrical distribution panel to receive AC power therefrom [see at least Figure 7, (121) to (165); the circuit breaker provides power to a line/wire, the connection to the circuit breaker is a power terminal], the system further includes a voltage measurement device configured to measure voltage at the power terminal for determining voltage of the AC power signal from the electrical distribution panel [see at least paragraph 0062, “sensors may monitor both the voltage(s) and current(s) in the electrical supply wire such that the power may be calculated.”; paragraph 0063, “sensor 141 may include multiple sensors such as voltage sensor(s) and current sensor(s)”]. Regarding claim 11, Hunt discloses the method of claim 10. Hunt discloses mounting the load management system [see at least paragraph 0086, “The housing may be secured, for example to a surface adjacent to electrical panel 120 or at another location.”], but fails to disclose further including mounting the load management system to the electrical distribution panel. However, this is simply a location of parts. It would have been obvious to one having ordinary skill in the art before the effective filing date of the Applicant's invention to mount the load management on the electrical distribution panel, thus providing simplified access to the circuit breakers for creating the controlled electrical circuits and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Claims 8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over US 2024/0250533 by Hunt et al. (Hunt hereinafter) in view of US 2023/0208139 by Holveek et al. (Holveek hereinafter). Regarding claim 8, Hunt discloses the system of claim 1. Hunt fails to disclose wherein the executable instructions of the controller include instructions to determine at least one of power factor and phase association of the load path operatively electrically connected to a respective one of the electrical loads to determine instructions for operating the interrupting device of the corresponding circuit interrupter assembly. However, Holveek discloses this limitation [see at least paragraph 0120]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to measure the phase and control the circuit interrupter with said measurement to prevent out of phase electrical power from entering the system. Thus, preventing energy waste and possible damage to equipment. Regarding claim 15, Hunt discloses the method of claim 10. Hunt fails to disclose further including determining at least one of power factor and phase association of a respective one of the circuits to determine instructions for operating a corresponding one of the circuit interrupter assemblies to interrupt flow of the current. However, Holveek discloses this limitation [see at least paragraph 0120]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to measure the phase and control the circuit interrupter with said measurement to prevent out of phase electrical power from entering the system. Thus, preventing energy waste and possible damage to equipment. Claims 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over US 2024/0250533 by Hunt et al. (Hunt hereinafter) in view of US 2006/0077605 by Folkers et al. (Folkers hereinafter). Regarding claim 9, Hunt discloses the system of claim 1. Hunt fails to disclose wherein the executable instructions to configure selected ones of the interrupting devices in the open-circuit states comprises configuring a respective one of the interrupting devices corresponding to the load path with a highest one of the measured load currents. However, Folkers discloses this limitation [see at least paragraph 0051, “if the measured load current is relatively larger than other load currents of the power system, that load tends to contribute more to voltage decline and should therefore be shed before a load that has a relatively smaller load current.”]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to shed the highest load current to prevent the voltage from dipping. Thus, preventing undervoltage which may interrupt operation of the entire system. Regarding claim 16, Hunt discloses the method of claim 10. Hunt fails to disclose wherein causing one or more of the circuit interrupter assemblies to open comprises causing a respective one of the circuit interrupter assemblies connected to a respective one of the circuits drawing a highest one of the measured currents to open. However, Folkers discloses this limitation [see at least paragraph 0051, “if the measured load current is relatively larger than other load currents of the power system, that load tends to contribute more to voltage decline and should therefore be shed before a load that has a relatively smaller load current.”]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant's invention to shed the highest load current to prevent the voltage from dipping. Thus, preventing undervoltage which may interrupt operation of the entire system. Allowable Subject Matter Claims 5-6 are 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Paquin et al. (US 2015/0333517) discloses a microgrid which controls connection to the microgrid based on sensed current. Chisenga et al. (US 2011/0298305) discloses controlling a photovoltaic system based on load and grid current. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN A JARRETT whose telephone number is (571)272-3742. The examiner can normally be reached M-F 9:00-5:30. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Lo can be reached at 571-272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RYAN A JARRETT/Primary Examiner, Art Unit 2116 07/31/26
Read full office action

Prosecution Timeline

Oct 21, 2024
Application Filed
Aug 04, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
88%
With Interview (+7.2%)
2y 10m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 881 resolved cases by this examiner. Grant probability derived from career allowance rate.

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