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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “404a” and “404c”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-3, 5, 7, 9-12, and 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seff et al. (US 10,483,726 B1).
Re. claim 1: Seff discloses a power assembly comprising:
a base assembly (21, 24) including a power source; and
a pedestal assembly (20) including a head (32, 60) that is removably coupleable to the base assembly, (see fig. 1, 5; col. 6-7)
a controller (35) positioned within the head and configured to be in electrical communication with the power source when the head is coupled to the base assembly, and (see fig. 1; col. 6)
a receptacle assembly (23) removably coupleable to the head and configured to be in electrical communication with the controller when the receptacle assembly is coupled to the head for supplying power to a vessel or vehicle. (see fig. 1, 5; col. 6, 7)
Re. claim 2: Seff discloses wherein the head (32, 60) is removably coupled to the base assembly by fasteners (100). (see fig. 7; col. 8)
Re. claim 3: Seff discloses wherein the head includes at least one shaft (screw 100) and the base assembly includes at least one aperture (holes for receiving screws), the at least one shaft being receivable in the at least one aperture. (see fig. 7; col. 8)
Re. claim 5: Seff discloses a cover (10) that is removably coupleable to the base assembly (21, 24) to cover the base assembly when the head of the pedestal assembly is removed from the base assembly. (see fig. 1, 2; col. 6)
Re. claim 7: Seff discloses wherein the head further includes a first electrical connector (first 40) having a first power rating and a second electrical connector (second 40) having second power rating, each of the first electrical connector and the second electrical connector configured to be in electrical communication with the controller. (see fig. 1-4; col. 7)
Re. claim 8: Seff discloses wherein the receptacle assembly (23) includes an interface (40) for receiving a mating interface of a plug of the vessel or vehicle and an electrical connector (35) configured to physically and electrically couple to one of the first electrical connector and the second electrical connector of the head, wherein the receptacle assembly has the same power rating as one of the first electrical connector or the second electrical connector of the head. (the circuit breakers have the same power rating as the electrical connectors they service) (see fig. 5-7; col. 6 ln. 40-64)
Re. claims 9 and 18-19: Seff discloses a power assembly comprising:
a base assembly (21, 24) including a power source; and
a pedestal assembly (20) including a head (32, 60) that is removably coupleable to the base assembly, (see fig. 1, 5; col. 6-7)
a controller (35) positioned within the head and configured to be in electrical communication with the power source when the head is coupled to the base assembly, and (see fig. 1; col. 6)
a first receptacle assembly (first 40) removably coupleable to the head and configured to be in electrical communication with the controller when the receptacle assembly is coupled to the head for supplying power to a first device, (see fig. 1, 5; col. 6, 7)
wherein the first receptacle assembly is replaceable with a second receptacle assembly, the second receptacle assembly being removably coupleable to the head and configured to be in electrical communication with the controller when the second receptacle assembly is coupled to the head for supplying power to a second device. (receptacles can be replaced with different size receptacles, 30A, 50A, 100A) (see fig. 6-7; col. 7)
Re. claims 10 and 20: Seff discloses wherein the first receptacle assembly has a first power rating and the second receptacle assembly has a second, different power rating. (receptacles can be replaced with different size receptacles, 30A, 50A, 100A) (see fig. 6-7; col. 7)
Re. claim 11: Seff discloses wherein the head (32, 60) is removably coupled to the base assembly by fasteners (100). (see fig. 7; col. 8)
Re. claim 12: Seff discloses wherein the head includes at least one shaft (screw 100) and the base assembly includes at least one aperture (holes for receiving screws), the at least one shaft being receivable in the at least one aperture. (see fig. 7; col. 8)
Re. claim 14: Seff discloses wherein the head further includes a first electrical connector (first 40) having a first power rating and a second electrical connector (second 40) having second power rating, each of the first electrical connector and the second electrical connector configured to be in electrical communication with the controller. (see fig. 1-4; col. 7)
Re. claims 15 and 17: Seff discloses wherein the receptacle assembly (23) includes an interface (40) for receiving a mating interface of a plug of the vessel or vehicle and an electrical connector (35) configured to physically and electrically couple to one of the first electrical connector and the second electrical connector of the head, wherein the receptacle assembly has the same power rating as one of the first electrical connector or the second electrical connector of the head. (the circuit breakers have the same power rating as the electrical connectors they service) (see fig. 5-7; col. 6 ln. 40-64)
Re. claim 15: Seff discloses wherein the first receptacle assembly (401) includes an interface (front face of 401) for receiving a first mating interface of a plug of the first device and a first electrical connector configured to physically and electrically couple to one of the first electrical connector and the second electrical connector of the head, (see fig. 3; col. 7 ln. 1-16)
wherein the first receptacle assembly has the same power rating as the one of the first electrical connector or the second electrical connector of the head. (the circuit breakers have the same power rating as the electrical connectors they service) (see fig. 5-7; col. 6 ln. 40-64)
Re. claim 16: Seff discloses wherein the second receptacle assembly (402) includes an interface (front face of 402) for receiving a second mating interface of a plug of the second device and a second electrical connector configured to physically and electrically couple to the other of the first electrical connector and the second electrical connector of the head, (see fig. 3; col. 7 ln. 1-16)
wherein the second receptacle assembly has the same power rating as the other of the first electrical connector or the second electrical connector of the head. (the circuit breakers have the same power rating as the electrical connectors they service) (see fig. 5-7; col. 6 ln. 40-64)
Re. claim 17: Seff discloses wherein the pedestal assembly further includes a third receptacle assembly (403) that is removably coupleable to the head and configured to be in electrical communication with the controller when the third receptacle assembly is coupled to the head for supplying power to a third device, and (see fig. 3; col. 7 ln. 1-16)
wherein the third receptacle assembly includes an interface (front face of 403) for receiving a third mating interface of a plug of the third device and a third electrical connector configured to physically and electrically couple to a third electrical connector supported by the head, (see fig. 3; col. 7 ln. 1-16)
wherein the third electrical connector of the head has a third power rating and the third receptacle assembly has the same power rating as the third electrical connector of the head. (the circuit breakers have the same power rating as the electrical connectors they service) (see fig. 5-7; col. 6 ln. 40-64)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4, 6, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seff et al. as applied to claim 1 above, and further in view of Brown et al. (US 2011/0169447 A1).
Re. claims 4, 6, and 13: Seff discloses:
wherein the head further includes and supports an illumination device (45),
the illumination device and the display screen configured to be in electrical communication with the controller. (see fig. 5; col. 8)
Seff fails to disclose:
A display screen;
wherein the head further includes and supports a cord management device.
However, Brown discloses:
A power assembly (54) comprising a display screen. (see fig. 3-5; para. 0045-0047)
wherein the head further includes and supports a cord management device (58). (see fig. 4; para. 0064)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a display screen to the power assembly of Seff as taught by Brown. One of ordinary skill would have been motivated to do this in order to display a device status. (Brown para. 0035)
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a cord management device in the head of Seff as taught by Brown. One of ordinary skill would have been motivated to do this in order to store the cord and keep it out of the way. (Brown para. 0060-0064)
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,166,334. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims include all of the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom. (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, "a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claims preclude issuance of generic application claims”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Seff et al. (US 7,570,481 B2) discloses a power pedestal with a removable head portion and a plurality of electrical connectors. Lundberg et al. (US 6,844,716 B1) discloses a distribution pedestal for marine vehicles with remote monitoring and removable receptacles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM B DRAVININKAS whose telephone number is (571)270-1353. The examiner can normally be reached Monday - Friday 9a-6p MT.
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, JAYPRAKASH (JP) N GANDHI can be reached at 571-272-3740. 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.
October 2, 2026
/ADAM B DRAVININKAS/Primary Examiner, Art Unit 2841
Prosecution Insights