DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
2. 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
3. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,843,253. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim 1 is anticipated in the claim 1 of the U.S. Patent No. 11,843,253.
Claim Rejections - 35 USC § 102
4. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
5. Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haines et al. (2011/0254372) (“Haines”).
Regarding claim 1, Haines discloses an energy system (20 in Fig.2 and 3; 510 in Fig.5; 230 in Fig.6 and 410 in Fig.8; please refer to the whole reference for detailed) comprising: one or more converters (for example – DC-AC converter 36 in Fig.3; also please refer to the other similar embodiments shown in Fig.5, 6 and 8) to receive a power input from energy generation systems (to receive a power input from solar panels), and to convert the power input into an AC power signal (AC power signal output from 36); a waveform tracker (46) that substantially synchronizes the AC power signal to a power signal of a power grid (a power signal of “Power Grid” in Fig.3; ¶ 36-38); wherein the energy system is operable in each of an on-grid mode (when the switch 40 and one or more of the switches 42-45 are connected to power grid) and an off-grid mode (when one or more of the switches 42-45 are connected to output of 36), wherein in the on-grid mode, the energy system provides the synchronized AC power signal to the power grid (please refer to at least ¶ 36-38); and wherein in the off-grid mode, the energy system delivers at least a portion of the AC power signal to one or more grid load (AC Loads).
6. Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishimoto (2016/0285271).
Regarding claim 1, Ishimoto discloses an energy system (Fig.1, please refer to the whole reference for detailed) comprising: one or more converters (11a-11c) to receive a power input from energy generation systems (20a-20c), and to convert the power input into an AC power signal; a waveform tracker (12a-12c, which includes monitoring frequency and phase) that substantially synchronizes the AC power signal to a power signal of a power grid (please refer to at least ¶ 19 and 32); wherein the energy system is operable in each of an on-grid mode (when s1a-s1c are turned on; please refer to at least ¶ 32) and an off-grid mode (when s1a-s1c are turned off), wherein in the on-grid mode, the energy system provides the synchronized AC power signal to the power grid (please refer to at least ¶ 16 and 32); and wherein in the off-grid mode, the energy system delivers at least a portion of the AC power signal to one or more grid load (grid load connected to terminal 3; please refer to at least ¶ 35 and 36).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD TAN whose telephone number is (571)270-7455. The examiner can normally be reached on M-F 8:30am-5:00pm.
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/Richard Tan/Primary Examiner 2849