Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
The Amendment filed on 12/10/25 has been received and entered. Application No. 18/982,933 of claims 1-12 are canceled and claims 13-32 are added. Claims 13-32 are now pending.
Response to Amendment
Applicant’s amendment necessitated new grounds of rejection.
Applicant’s response, filed on 12/10/25, with respect to double patenting rejections of claims 1-12 have been fully considered are withdrawn with respect to claims 1-12 being canceled.
This action is made final.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 13-32 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,189,447 in view of claims being not patentably distinct from each other because claims 13-32 of the instant application substantially recite the limitations of claims 1-17 of U.S. Patent No. 12,189,447 which is the methods for configuring plurality of linked power distribution units in which configuration data of the linked power distribution units are accessible by the remote system.
The subject matter claimed in the instant application is fully disclosed in the referenced patent and the instant application are claiming common subject matter, as follows in Table 1 below.
Instant Application
Claim 13. A method of configuring a power distribution apparatus comprising:
storing identification data and configuration data in a memory of a power distribution apparatus, the identification data usable to identify a location of the power distribution
apparatus and the configuration data corresponding to operating parameters of the power distribution apparatus;
providing, by a configuration transfer mechanism of the power distribution apparatus, the identification data to a remote system; and receiving, by the configuration transfer mechanism, configuration data from the remote
system in response to providing the identification data to the remote system.
Claims 14 and 26. The method of claim 13, wherein the configuration data comprises information related to one or more of: a login banner, HTTP settings, Telnet settings, SSH settings, SNTP
settings, SSL settings, SMTP settings, SNMP settings, ftp settings, LDAP settings, Radius settings, TACACS+ settings, user and user group definitions and permissions, or outlet group
configurations.
Claims 15 and 27. The method of claim 13, wherein the identification data comprises a network identifier indicative of a location of the power distribution apparatus.
Claims 16 and 28. The method of claim 15, wherein the network identifier indicates a data center.
Claims 17 and 29. The method of claim 16, wherein the network identifier indicates a location within the data center.
Claims 18 and 30. The method of claim 13, wherein the power distribution apparatus identification data comprises an Internet Protocol (IP) address of the power distribution apparatus.
Claims 19 and 31. The method of claim 13, wherein the identification data comprises a network identifier and information related to at least one authorized user of the power distribution
apparatus.
Claim 25. A method of configuring a power distribution apparatus comprising:
storing identification data and configuration data in a memory of a power distribution apparatus, the identification data usable to identify a location of the power distribution
apparatus and the configuration data corresponding to operating parameters of the power distribution apparatus;
receiving substitute configuration data from a remote system in communication with the power distribution apparatus in response to issuance of a discovery request from the remote system which identifies the power distribution apparatus based on a selected at least one
discovery setting; and updating a configuration of the power distribution apparatus based on the received
substitute configuration data.
Patent U.S. 12,189,447
Claim 1. A power distribution apparatus composed of an array of AC power outlets, the power distribution apparatus comprising: an elongate housing mountable within a server rack in a data center; a power input for supplying AC-operating power to said power distribution apparatus; a network interface configured to electronically communicate with a remote system; a plurality of AC power outlets longitudinally disposed along said power distribution apparatus and connectable in power supply communication with the power input and at least one electronic appliance within the server rack; a memory disposed in the power distribution apparatus, said memory including power distribution apparatus identification data usable to identify a location of the power distribution apparatus, and configuration data corresponding to operating parameters of the power distribution apparatus; and a configuration transfer mechanism adapted to be placed in two-way communication with the remote system via at least the network interface, said configuration transfer mechanism configured to provide the power distribution apparatus identification data to the remote system and to receive substitute configuration data in response thereto.
Claims 2 and 11. The power distribution apparatus of claim 1, wherein the configuration data comprises information related to one or more of: a login banner, HTTP settings, Telnet settings, SSH settings, SNTP settings, SSL settings, SMTP settings, SNMP settings, ftp settings, LDAP or outlet group configurations.
Claims 3 and 12. The power distribution apparatus of claim 1, wherein the power distribution apparatus identification data comprises a network identifier indicative of a location of the power distribution apparatus.
Claims 4 and 13. The power distribution apparatus of claim 3, wherein the network identifier indicates a data center.
Claims 5 and 14. The power distribution apparatus of claim 4, wherein the network identifier indicates a location within the data center.
Claims 6 and 15. The power distribution apparatus of claim 1, wherein the power distribution apparatus identification data comprises an Internet Protocol (IP) address of the power distribution apparatus.
Claims 7 and 16. The power distribution apparatus of claim 1, wherein the power distribution apparatus identifier comprises a network identifier and information related to at least one authorized user of the power distribution apparatus.
Claim 10. A power distribution apparatus, comprising: an elongate housing mountable within a server rack in a data center; a power input for supplying operating power to the power distribution apparatus; a network interface configured to electronically communicate with a remote system; a plurality of power outlets connectable in power supply communication with the power input and at least one electronic appliance; a memory including power distribution apparatus identification data usable to identify a location of the power distribution apparatus, and configuration data corresponding to operating parameters of the power distribution apparatus; and a configuration transfer mechanism; wherein said power distribution apparatus is operative, in response to issuance of a discovery request from the remote system which identifies said power distribution apparatus based on a selected at least one discovery setting, to receive substitute configuration data and to update its configuration accordingly.
Table 1
Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 13-32 of the instant application substantially recite the limitations of claims 1-17 of U.S. Patent No. 12,189,447 which is the methods for configuring a power distribution unit. Therefore, it would have been obvious to one of ordinary skill in the art of for configuration data accessible by the remote system through the remote system interface of power distribution apparatus from the independent claims of U.S. Patent No. 12,189,447.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negative by the manner in which the invention was made.
Claims 13-32 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Wong et al. (U.S. PGPub 2009/0219145; hereinafter “Wong”) in view of Ewing et al. (U.S. PGPub 2010/0306559; hereinafter “Ewing”).
Regarding claim 13, Wong discloses a method of configuring a power distribution apparatus comprising: storing identification data and configuration data in a memory of a power distribution apparatus, the identification data usable to identify a location of the power distribution apparatus and the configuration data corresponding to operating parameters of the power distribution apparatus; (See Fig. 1C, paras. 26-27, 35, wherein method of identifying location of electrical devices and communication of power consumption are disclosed, also See paras. 20-21, 45, wherein electrical device and associated information in which “device information may, for example, include a physical location of the electrical device 102-112 with respect to the building, asset identification data (e.g., a serialized numbering system used for tracking assets), a device type ( e.g., if the device is a power outlet, light ballast, or the like), an electrical appliance type associated with the electrical device ( e.g., a television, projector, computer, or the like), and/or any other electrical device related information” [0020] are disclosed; as taught by Wong.)
However, Wong fails to disclose providing, by a configuration transfer mechanism of the power distribution apparatus, the identification data to a remote system; and receiving, by the configuration transfer mechanism, configuration data from the remote system in response to providing the identification data to the remote system.
On the other hand, Ewing teaches providing, by a configuration transfer mechanism of the power distribution apparatus, the identification data to a remote system; (See Fig. 3, paras. 41-42, 98, wherein transferring process on configuration data to remote terminal in which “the user configuration can be transferred in a file 216 over a data modem pair 217-218 to a remote terminal” [0041] are disclosed, also See Fig. 1, paras. 38-40, 44-45, wherein configuration data, power manager configuration file in which “user at user terminal 144 is also able to send a command to the power manager 124 to have it accept a power manager configuration file download. The download file then follows. Once downloaded, the power manager 124 begins operating with that configuration” [0038] are disclosed; as taught by Ewing.)
and receiving, by the configuration transfer mechanism, configuration data from the remote system in response to providing the identification data to the remote system. (See Fig. 1, paras. 38-40, 44-45, wherein configuration data, power manager configuration file in which “user at user terminal 144 is also able to send a command to the power manager 124 to have it accept a power manager configuration file download. The download file then follows. Once downloaded, the power manager 124 begins operating with that configuration” [0038] are disclosed; as taught by Ewing.)
Therefore, it would have been obvious to a person of ordinary skill in the computer art at the time of the invention was made to incorporate the Ewing teachings in the Wong system. Skilled artisan would have been motivated to incorporate the network power management system taught by Ewing to remotely manage power distribution system in the Wong system for effective power configuration and management. In addition, both of the references (Wong and Ewing) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as power distribution and configuration. This close relation between both of the references highly suggests an expectation of success.
Regarding claims 14 and 26, the combination of Wong and Ewing discloses wherein the configuration data comprises information related to one or more of: a login banner, HTTP settings, Telnet settings, SSH settings, SNTP settings, SSL settings, SMTP settings, SNMP settings, ftp settings, LDAP settings, Radius settings, TACACS+ settings, user and user group definitions and permissions, or outlet group configurations. (See Fig. 5, paras. 48-49, wherein communication links, secure socket layer (SSL) are disclosed; as taught by Wong.)
Regarding claims 15 and 27, the combination of Wong and Ewing discloses wherein the identification data comprises a network identifier indicative of a location of the power distribution apparatus. (See paras. 20-21, 45, wherein electrical device and associated information in which “device information may, for example, include a physical location of the electrical device 102-112 with respect to the building, asset identification data (e.g., a serialized numbering system used for tracking assets), a device type ( e.g., if the device is a power outlet, light ballast, or the like), an electrical appliance type associated with the electrical device ( e.g., a television, projector, computer, or the like), and/or any other electrical device related information” [0020] are disclosed; as taught by Wong.)
Regarding claims 16 and 28, the combination of Wong and Ewing discloses wherein the network identifier indicates a data center. (See paras. 20-21, 45, wherein electrical device and associated information in which “device information may, for example, include a physical location of the electrical device 102-112 with respect to the building, asset identification data (e.g., a serialized numbering system used for tracking assets), a device type ( e.g., if the device is a power outlet, light ballast, or the like), an electrical appliance type associated with the electrical device ( e.g., a television, projector, computer, or the like), and/or any other electrical device related information” [0020] are disclosed, also See Fig. 1C, paras. 25, 41, wherein data center, communicating location from device to system controller process are disclosed; as taught by Wong.)
Regarding claims 17 and 29, the combination of Wong and Ewing discloses wherein the network identifier indicates a location within the data center. (See paras. 20-21, 45, wherein electrical device and associated information in which “device information may, for example, include a physical location of the electrical device 102-112 with respect to the building, asset identification data (e.g., a serialized numbering system used for tracking assets), a device type ( e.g., if the device is a power outlet, light ballast, or the like), an electrical appliance type associated with the electrical device ( e.g., a television, projector, computer, or the like), and/or any other electrical device related information” [0020] are disclosed, also See Figs. 1C, 2, paras. 25, 41, wherein data center, communicating location from device to system controller process are disclosed; as taught by Wong.)
Regarding claims 18 and 30, the combination of Wong and Ewing discloses wherein the power distribution apparatus identification data comprises an Internet Protocol (IP) address of the power distribution apparatus. (See Fig. 3A, paras. 36-39, wherein IP address to facilitate remote management of electrical devices are disclosed; as taught by Wong.)
Regarding claims 19 and 31, Wong fails to disclose wherein the identification data comprises a network identifier and information related to at least one authorized user of the power distribution apparatus.
On the other hand, Ewing teaches wherein the identification data comprises a network identifier and information related to at least one authorized user of the power distribution apparatus. (See paras. 7, 57, wherein list of enrolled users that have access privileges in which “The configuration can be used to switch serial connections, and control usernames, passwords and access to control of power controller PCR's based on the login username” [0057] are disclosed; as taught by Ewing.)
See claims 13 and 25 for motivation above.
Regarding claims 20 and 32, Wong fails to disclose recognizing a command to download configuration data from the remote system to the memory.
On the other hand, Ewing teaches recognizing a command to download configuration data from the remote system to the memory. (See Fig. 1, paras. 38-40, 44, wherein configuration data, power manager configuration file in which “user at user terminal 144 is also able to send a command to the power manager 124 to have it accept a power manager configuration file download. The download file then follows. Once downloaded, the power manager 124 begins operating with that configuration” [0038] are disclosed; as taught by Ewing.)
See claims 13 and 25 for motivation above.
Regarding claim 21, the combination of Wong and Ewing discloses wherein providing the identification data to the remote system includes using a web page generator of the configuration transfer mechanism to communicate with the remote system. (See Fig. 3A, paras. 36-39, wherein IP address to facilitate remote management of electrical devices are disclosed; as taught by Wong.)
Regarding claim 22, the combination of Wong and Ewing discloses wherein providing the identification data to the remote system includes using a TCP/IP conversion agent of the configuration transfer mechanism to communicate with the remote system. (See Fig. 3A, paras. 36, 39, 48, wherein providing access to IP backbone to facilitate remote management are disclosed; as taught by Wong.)
Regarding claim 23, the combination of Wong and Ewing discloses wherein the configuration data comprises one or more of: information related to one or more of on-off parameters for a subset of a plurality of AC power outlets of the power distribution apparatus; (See Fig. 1D, paras. 26-27, wherein various electrical devices in which “the electrical device 174 may be connected to a light ballast to monitor power consumption of circuitry associated with a light ( e.g., a light ballast), the electrical device 176 may be connected to an HVAC, the electrical device 178 may be configured to monitor one or more other devices (e.g., projectors in conference rooms) in the building…it should be noted that any other electrical loads or appliances may be monitored… when the electrical device is a power outlet (see electrical device 172) a mounting plate may be provided to mount the power outlet to the building” [0026] are disclosed; as taught by Wong.)
information related to alarm threshold parameters; data corresponding to a power infeed associated with one or more AC power outlets of the plurality of AC power outlets; or data corresponding to a utility power source associated with one or more AC power outlets of the plurality of AC power outlets. (See Fig. 1D, paras. 26-27, wherein various electrical devices in which “the electrical device 174 may be connected to a light ballast to monitor power consumption of circuitry associated with a light ( e.g., a light ballast), the electrical device 176 may be connected to an HVAC, the electrical device 178 may be configured to monitor one or more other devices (e.g., projectors in conference rooms) in the building…it should be noted that any other electrical loads or appliances may be monitored… when the electrical device is a power outlet (see electrical device 172) a mounting plate may be provided to mount the power outlet to the building” [0026] are disclosed; as taught by Wong.)
Regarding claim 24, Wong fails to disclose detecting, by the configuration transfer mechanism, errors in a transfer of the configuration data between the memory and the remote system.
On the other hand, Ewing teaches detecting, by the configuration transfer mechanism, errors in a transfer of the configuration data between the memory and the remote system. (See Fig. 1, paras. 38, 47, wherein process of detecting errors are disclosed; as taught by Ewing.)
See claim 13 for motivation above.
Regarding claim 25, Wong discloses a method of configuring a power distribution apparatus comprising: storing identification data and configuration data in a memory of a power distribution apparatus, the identification data usable to identify a location of the power distribution apparatus and the configuration data corresponding to operating parameters of the power distribution apparatus; (See Fig. 1C, paras. 26-27, 35, wherein method of identifying location of electrical devices and communication of power consumption are disclosed, also See paras. 20-21, 45, wherein electrical device and associated information in which “device information may, for example, include a physical location of the electrical device 102-112 with respect to the building, asset identification data (e.g., a serialized numbering system used for tracking assets), a device type ( e.g., if the device is a power outlet, light ballast, or the like), an electrical appliance type associated with the electrical device ( e.g., a television, projector, computer, or the like), and/or any other electrical device related information” [0020] are disclosed; as taught by Wong.)
However, Wong fails to disclose receiving substitute configuration data from a remote system in communication with the power distribution apparatus in response to issuance of a discovery request from the remote system which identifies the power distribution apparatus based on a selected at least one discovery setting; and updating a configuration of the power distribution apparatus based on the received substitute configuration data.
On the other hand, Ewing teaches receiving substitute configuration data from a remote system in communication with the power distribution apparatus in response to issuance of a discovery request from the remote system which identifies the power distribution apparatus based on a selected at least one discovery setting; (See paras. 21, 66, wherein power controller configured in different mode (analogous to substitute configuration data) and updating configuration data process in which “The power controller 108 can be configured to operate in a number of different modes, and such options are selected and stored in a configuration memory. The NMS 102 may download configurations to power controller 108, and may upload them for editing, archiving, and/or duplication to other power controllers 108 at other remote sites” [0021] are disclosed, also See Fig. 1, paras. 38-40, 44, wherein configuration data, power manager configuration file in which “user at user terminal 144 is also able to send a command to the power manager 124 to have it accept a power manager configuration file download. The download file then follows. Once downloaded, the power manager 124 begins operating with that configuration” [0038] are disclosed; as taught by Ewing.)
and updating a configuration of the power distribution apparatus based on the received substitute configuration data. (See paras. 21, 66, wherein power controller configured in different mode (analogous to substitute configuration data) and updating configuration data process in which “The power controller 108 can be configured to operate in a number of different modes, and such options are selected and stored in a configuration memory. The NMS 102 may download configurations to power controller 108, and may upload them for editing, archiving, and/or duplication to other power controllers 108 at other remote sites” [0021] are disclosed, also See Fig. 1, paras. 38-40, 44, wherein configuration data, power manager configuration file in which “user at user terminal 144 is also able to send a command to the power manager 124 to have it accept a power manager configuration file download. The download file then follows. Once downloaded, the power manager 124 begins operating with that configuration” [0038] are disclosed; as taught by Ewing.)
Therefore, it would have been obvious to a person of ordinary skill in the computer art at the time of the invention was made to incorporate the Ewing teachings in the Wong system. Skilled artisan would have been motivated to incorporate the network power management system taught by Ewing to remotely manage power distribution system in the Wong system for effective power configuration and management. In addition, both of the references (Wong and Ewing) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as power distribution and configuration. This close relation between both of the references highly suggests an expectation of success.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIN LIN M HTAY whose telephone number is (571)272-7293. The examiner can normally be reached on M-F, 7am-3pm, PST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kavita Stanley can be reached on (571)272-8352. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L. L. H./
Examiner, Art Unit 2153
/KRIS E MACKES/ Primary Examiner, Art Unit 2153