DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 26 December 2024 (14) are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. However, due to the number of references disclosed, the references have not been examined in close detail. The Applicant is asked to specifically name any references that are deemed relevant.
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, 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 negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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 1-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US 2009/0141522 by Adest et al. (Adest hereinafter) in view of US 2011/0232714 by Bhavaraju et al. (Bhavaraju hereinafter).
Regarding claim 1, Adest discloses a system comprising: a photovoltaic (PV) power source configured to generate a direct current (DC) power [see at least Figure 5, (202a)-(202d)]; a converter configured to receive DC power via an input terminal of the converter and configured to converter DC power [see at least Figure 5, (505a)-(505d)] and first circuitry [see at least Figure 5, (503)] configured to transmit a signal to second circuitry [see at least Figure 5, (505a)-(505d); Figure 5A, (306)], wherein the second circuitry is configured to control, based on the signal, whether the converter outputs the power [see at least paragraph 0055, “a line communications transmitter 503 superimposes a keep-alive signal”].
Adest discloses the use of converters attached to the photovoltaic power source, but fails to disclose an inverter configured to receive the DC power via an input terminal of the inverter and configured to convert the DC power to alternating current (AC) power. However, Bhavaraju discloses photovoltaics connected directly to an inverter [see at least Figure 11A, (176) to (170)].
It would have been obvious to a person of ordinary skill in the art at the time of the Applicant's invention to utilize inverters instead of DC-DC converters connected to the photovoltaic outputs in order to create a redundancy for the outputted AC power and not having all power be converted through a single inverter. Thus, allowing the system to maintain the output of AC power in the event of a single inverter failing and continuing to power AC loads or supply the grid.
Regarding claim 2, Adest in view of Bhavaraju teaches the system of claim 1.
Bhavaraju discloses further comprising an energy storage device [see at least Figures 11A and 11C, (164)] switchably connected to the inverter and configured to receive the AC power while the energy storage device is connected to the inverter [see at least paragraph 0077].
Regarding claim 3, Adest in view of Bhavaraju teaches the system of claim 2.
Bhavaraju discloses wherein the energy storage device comprises: a battery [see at least Figure 11A, (164)]; and battery charging circuitry configured to charge the battery from the AC power [see at least Figure 11A, (166); paragraph 0077].
Regarding claim 4, Adest in view of Bhavaraju teaches the system of claim 1.
Adest discloses wherein the signal comprises at least one of the following: a communication signal, a control signal, a synchronization signal, or a keep-alive signal [see at least paragraph 0056].
Regarding claim 5, Adest in view of Bhavaraju teaches the system of claim 1.
Adest discloses wherein the second circuitry is configured to control, further based on the DC power, whether the inverter outputs the AC power [see at least paragraph 0052].
Regarding claim 6, Adest in view of Bhavaraju teaches the system of claim 1.
Adest discloses wherein the second circuitry is configured to receive the signal via AC power lines [see at least paragraph 0055; there is no structural difference between DC and AC power lines and further in the combination of Adest in view of Bhavaraju these would be AC power lines].
Regarding claim 7, Adest in view of Bhavaraju teaches the system of claim 1.
Adest discloses wherein the second circuitry is configured to stop the inverter converting the DC power to the AC power based on the signal not being received for at least a predetermined period of time [see at least paragraph 0056; “constantly monitored” is a predetermined period].
Regarding claim 8, Adest in view of Bhavaraju teaches the system of claim 1.
Adest discloses wherein the first circuitry is further configured to disconnect the inverter from an electrical grid based on a serial voltage, that is based on an output voltage of the inverter, being less than a voltage of the electrical grid [see at least paragraph 0051; paragraph 0007].
Regarding claim 9, Adest in view of Bhavaraju teaches the system of claim 1.
Adest discloses wherein the first circuitry is further configured to disconnect the inverter from an electrical grid based on a lack of synchronization existing between a serial voltage, that is based on an output voltage of the inverter, and a voltage of the electrical grid [see at least paragraph 0051; paragraph 0007].
Regarding claim 10, Adest discloses a method comprising: receiving from a photovoltaic (PV) power source [see at least Figure 5, (201a)-(202d)], a direct current (DC) power; receiving, by control circuitry, a signal [see at least Figure 5, (505a)-(505d); Figure 5A, (306)]; and causing, using the control circuitry and based on the signal, to selectively output the power [see at least paragraph 0055, “a line communications transmitter 503 superimposes a keep-alive signal”].
Adest discloses the use of converters attached to the photovoltaic power source, but fails to disclose wherein the inverter is configured to receive the DC power and to convert the DC power to alternating current (AC) power. However, Bhavaraju discloses photovoltaics connected directly to an inverter [see at least Figure 11A, (176) to (170)].
It would have been obvious to a person of ordinary skill in the art at the time of the Applicant's invention to utilize inverters instead of DC-DC converters connected to the photovoltaic outputs in order to create a redundancy for the outputted AC power and not having all power be converted through a single inverter. Thus, allowing the system to maintain the output of AC power in the event of a single inverter failing and continuing to power AC loads or supply the grid.
Regarding claim 11, Adest in view of Bhavaraju teaches the method of claim 10.
Bhavaraju discloses further comprising the inverter being switchably connected to an energy storage device [see at least Figures 11A and 11C, (164)], wherein the energy storage device is configured to receive the AC power while the energy storage device is connected to the inverter [see at least paragraph 0077].
Regarding claim 12, Adest in view of Bhavaraju teaches the method of claim 11.
Bhavaraju discloses wherein the energy storage device comprises: a battery [see at least Figure 11A, (164)]; and battery charging circuitry configured to charge the battery from the AC power [see at least Figure 11A, (166); paragraph 0077].
Regarding claim 13, Adest in view of Bhavaraju teaches the method of claim 10.
Adest discloses wherein the signal comprises at least one of the following: a communication signal, a control signal, a synchronization signal, or a keep-alive signal [see at least paragraph 0056].
Regarding claim 14, Adest in view of Bhavaraju teaches the method of claim 10.
Adest discloses wherein the causing the inverter to selectively output the AC power is based on both the signal and the DC power [see at least paragraphs 0052 and 0056].
Regarding claim 15, Adest in view of Bhavaraju teaches the method of claim 10.
Adest discloses wherein the receiving the signal comprises receiving the signal via AC power lines [see at least paragraph 0055; there is no structural difference between DC and AC power lines and further in the combination of Adest in view of Bhavaraju these would be AC power lines].
Regarding claim 16, Adest in view of Bhavaraju teaches the method of claim 10.
Adest discloses wherein the causing the inverter to selectively output the AC power based on the signal comprises causing, by the control circuitry, the inverter to stop converting the DC power to the AC power based on the signal not being received for at least a predetermined period of time [see at least paragraph 0056; “constantly monitored” is a predetermined period].
Regarding claim 17, Adest in view of Bhavaraju teaches the method of claim 10.
Adest discloses further comprising disconnecting, using the control circuitry, the inverter from an electrical grid based on one or both of the following conditions existing: a serial voltage, that is based on an output voltage of the inverter, being less than a voltage of the electrical grid; or a lack of synchronization existing between the serial voltage and the voltage of the electrical grid [see at least paragraph 0051; paragraph 0007].
Regarding claim 18, Adest discloses an inverter comprising: converter circuitry configured to receive direct current (DC) power, and to convert the DC power [see at least Figure 5, (505a)-(505d)]; and control circuitry [see at least Figure 5A, (306)] configured to control, based on a signal received by the control circuitry, whether the converter circuitry converts the DC power [see at least paragraph 0055, “a line communications transmitter 503 superimposes a keep-alive signal”].
Adest discloses the use of converters, but fails to disclose an inverter to convert the DC power to alternating current (AC) power. However, Bhavaraju discloses photovoltaics connected directly to an inverter [see at least Figure 11A, (176) to (170)].
It would have been obvious to a person of ordinary skill in the art at the time of the Applicant's invention to utilize inverters instead of DC-DC converters connected to the photovoltaic outputs in order to create a redundancy for the outputted AC power and not having all power be converted through a single inverter. Thus, allowing the system to maintain the output of AC power in the event of a single inverter failing and continuing to power AC loads or supply the grid.
Regarding claim 19, Adest in view of Bhavaraju teaches the inverter of claim 18.
Bhavaraju discloses further comprising AC outputs that are configured to output the AC power and to connect to an energy storage device [see at least Figure 11A, (164)].
Regarding claim 20, Adest in view of Bhavaraju teaches the inverter of claim 18.
Adest discloses wherein the control circuitry is configured to control, further based on the DC power, whether the converter circuitry converts the DC power to the AC power [see at least paragraph 0056; in light of the combination of Adest in view of Bhavaraju].
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, 4-6, 8-9 of U.S. Patent No. 11,205,946 in view of US 2011/0232714 by Bhavaraju et al. (Bhavaraju hereinafter).
The 11,205,946 Patent discloses a similar system to the current Application. The Patent discloses an inverter that receives a signal and DC input power for maintaining operation in claim 1. Further, in claims 4-5 it discloses that the signal is received via AC power lines and the inverter is stopped based on the signal not being received for at least a predetermined period of time. In claims 6 and 8-9, it further discloses that the system is connected to an electrical grid and that it is to be disconnected for low voltage or lack of synchronization. These are the limitations present in claims 1, 4-10, 13-18 and 20.
Claims 1 and 10 differ in that a photovoltaic system is connected to the inverter. However, Bhavaraju discloses a photovoltaic system connected to an inverter [see at least Figure 11A, (176) to (170)].
It would have been obvious to a person of ordinary skill in the art at the time of the Applicant's invention to connect a photovoltaic system to the inverter in order to converter the DC power of the photovoltaics to AC power. Thus, allowing for the system to power AC loads or an electrical grid.
Claims 2-3, 11-12 and 19 disclose an energy storage device connected to the AC side of the inverter. Bhavaraju discloses this limitation [see at least Figures 11A and 11C, (165) to (166); paragraphs 0075-0080].
It would have been obvious to a person of ordinary skill in the art at the time of the Applicant's invention to include an energy storage device connected to the system in order to continue to provide power outside of photovoltaic useful times. Thus, allowing the system to maintain operation at night.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sella et al. (US 2009/0206666) discloses a photovoltaic system with converters connected.
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/JOEL BARNETT/Examiner, Art Unit 2836
/DANIEL CAVALLARI/Primary Examiner, Art Unit 2836