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 .
Status of Claims
This action is responsive to Applicant’s claims filed 04/14/2026.
Claims 41-60 are currently pending and have been examined here.
Claims 41-60 are newly added.
Claims 1-40 have been canceled.
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.
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.
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.
Claims 41-60 are rejected under 35 U.S.C. 103 as being unpatentable over Spencer et al. (U.S. Patent No. 5875087; hereinafter "Spencer") in view of Kiko et al. (U.S. PG Pub. No. 20090206059; hereinafter "Kiko").
As per claim 41, Spencer teaches:
An apparatus having a form factor adapted to fit in an electrical circuit breaker panel, the apparatus comprising:
Spencer teaches an electric circuit breaker which may fit within a panel. (Spencer: abstract, Fig. 3C)
a switch coupled to (i) a controller, (ii) a load terminal connected to a load, and (iii) a conductor connected to a power source, the conductor compatible with the electrical circuit breaker panel;
Spencer teaches a processing unit within a central processor 22 (a controller). (Spencer: col. 6 lines 5-24 Figs. 2, 5) Spencer teaches a switch 32 coupled to the processor. (Spencer: col. 5 lines 22-44, Fig. 2) Spencer teaches a power connector coupled to an electrical power input of the breaker 12. (Spencer: col. 4 lines 51-64, Fig. 1) Spencer further teaches a conductor in the form of a branch circuit 14 connecting the breaker to the load. Id.
a sensor coupled to the controller;
Spencer teaches a sensor 24 which may be coupled to the controller, load terminal, and the circuit breaker. Spencer: (col. 5 lines 1-23, Fig. 1)
Spencer does not appear to explicitly teach:
a processing component configured to calculate one or more power values based on a current conducted to the load;
Kiko, however, teaches that the intelligent circuit breaker may calculate instantaneous power used, amount of power used per time of day, and peak power used and transmit this information to a server over a wide area network. (Kiko: paragraphs [0100, 131-132, 157, 170, 172, 175, 176, 185-187, 193-194, 201]) Kiko teaches combining the above elements with the teachings of Spencer for the benefit of providing improved apparatus and methods for, inter alia, apparatus and methods for enabling a user (i.e. a homeowner, consumer or public utility) to monitor and control the power requirements of individual devices as well as of entire systems of device. (Kiko: paragraph [0032]) Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the teachings of Kiko with the teachings of Spencer to achieve the aforementioned benefits.
Spencer in view of Kiko further teaches:
and a wireless communication module coupled to the controller, the controller configured to: transmit a state of the apparatus based on a signal received from one of the processing component or the sensor;
Kiko, as outlined above, teaches that the intelligent circuit breaker may calculate, based on signals received from a processor or the current sensor, instantaneous power used, amount of power used per time of day, and peak power used and transmit this information to a server over a wide area network. (Kiko: paragraphs [0100, 131-132, 157, 170, 172, 175, 176, 185-187, 193-194, 201]) The motivation to combine Kiko persists.
transmit the calculated power values of the load;
Kiko, as outlined above, teaches that the intelligent circuit breaker may calculate, based on signals received from a processor or the current sensor, instantaneous power used, amount of power used per time of day, and peak power used and transmit this information to a server over a wide area network. (Kiko: paragraphs [0100, 131-132, 157, 170, 172, 175, 176, 185-187, 193-194, 201]) The motivation to combine Kiko persists.
and in response to receiving a user command via the communication module to turn off power to the load terminal, open the switch when a zero crossing of the current conducted to the load terminal is detected.
Spencer teaches that when a zero crossing of the current is detected, a switch may be tripped which opens or closes a circuit. (Spencer: col. 15 lines 13-15), Fig. 11) Spencer, however, does not appear to teach a command received at the circuit breaker, via the network, to provide power to or turn off power at the load. Kiko, however, teaches that an intelligent circuit breaker may receive commands to turn on or off power at a circuit breaker over a network from a smartphone. (Kiko: abstract, paragraphs [0066, 111, 120, 179, 184-186]) The motivation to combine Kiko persists.
As per claim 42, Spencer in view of Kiko teaches all of the limitations of claim 41, as outlined above, and further teaches:
wherein the state of the apparatus includes an identity of the load.
Kiko further teaches that the notification may indicate when a refrigerator or other device is not working. (Kiko: paragraph [0173, 175]) The motivation to combine Kiko persists.
As per claim 43, Spencer in view of Kiko teaches all of the limitations of claim 41, as outlined above, and further teaches:
wherein the state of the apparatus includes diagnostic information.
Kiko further teaches that the notification may indicate when a refrigerator or other device is not working. (Kiko: paragraph [0173, 175]) The motivation to combine Kiko persists.
As per claim 44, Spencer in view of Kiko teaches all of the limitations of claim 41, as outlined above, and further teaches:
wherein the sensor is a zero cross detection circuit.
Spencer further teaches that a zero crossing detector may be coupled to the processor and used to detect the zero crossing event. (Spencer: col. 3 lines 27-46, col. 9 lines 8-46, Fig. 7)
As per claim 45, Spencer in view of Kiko teaches all of the limitations of claim 41, as outlined above, and further teaches:
wherein the wireless communication module is configured to provide Bluetooth network connectivity.
Kiko further teaches that the intelligent circuit breaker may have bluetooth connectivity. (Kiko: paragraph [0184]) The motivation to combine Kiko persists.
As per claim 46, Spencer in view of Kiko teaches all of the limitations of claim 41, as outlined above, and further teaches:
wherein the switch is a relay.
Spencer teaches that when a zero crossing of the current is detected, a switch may be tripped which opens or closes a circuit. (Spencer: col. 15 lines 13-15), Fig. 11)
As per claim 47, Spencer in view of Kiko teaches all of the limitations of claim 41, as outlined above, and further teaches:
wherein the wireless communication module is configured to enable wireless operation of the controller by a user.
Spencer teaches a network module in the form of a transmit/receive block 50 which allows wireless communication with a device. (Spencer: col. 5 lines 45-63, Fig. 3) Kiko, as outlined above, teaches that an intelligent circuit breaker may receive commands to turn on or off power at a circuit breaker over a network from a smartphone. (Kiko: abstract, paragraphs [0066, 111, 120, 179, 184-186]) The motivation to combine Kiko persists.
As per claim 48, Spencer in view of Kiko teaches all of the limitations of claim 41, as outlined above, and further teaches:
wherein a notification transmission of an event is received at a user device in communication with the wireless communication module.
Kiko further teaches that the notification may indicate when a refrigerator or other device is not working. (Kiko: paragraph [0173, 175, 177]) The motivation to combine Kiko persists.
As per claim 49, Spencer in view of Kiko teaches all of the limitations of claim 41, as outlined above, and further teaches:
further comprising an isolation component coupled between the controller and the switch.
Kiko further teaches an isolation component in the form of a toroid 210 between the switch and controller as well as a line coupler 226 between the controller and the switch. (Kiko: paragraphs [00126, 133, 146, 149], Fig. 2A, 2B, 3C) The motivation to combine Kiko persists.
As per claim 50, Spencer in view of Kiko teaches all of the limitations of claim 41, as outlined above, and further teaches:
wherein the apparatus further includes a display on a front face indicating the state of the apparatus.
Kiko further teaches that the intelligent circuit breaker may comprise a display disposed directly on the intelligent circuit breaker. (Kiko: paragraph [0120]) The motivation to combine Kiko persists.
As per claim 51, Spencer in view of Kiko teaches the limitations of this claim which are substantially identical to those of claim 41, as outlined above, and further teaches:
A method comprising
Spencer teaches a system and method for using an electric circuit breaker panel. (Spencer: abstract)
As per claims 52-58, Spencer in view of Kiko teaches the limitations of these claims which are substantially identical to those of claims 42-48, and claims 52-58 are rejected for the same reasons as claims 42-48, as outlined above.
As per claim 59, Spencer in view of Kiko teaches all of the limitations of claim 51, as outlined above, and further teaches:
displaying a state of the apparatus on a display on a front face of the circuit breaker apparatus.
Kiko further teaches that the intelligent circuit breaker may comprise a display disposed directly on the intelligent circuit breaker. (Kiko: paragraph [0120]) Kiko further teaches that a notification on the user interface may indicate when a refrigerator or other device is not working. (Kiko: paragraph [0173, 175, 177]) The motivation to combine Kiko persists.
As per claim 60, Spencer teaches:
An apparatus having a form factor adapted to fit in an electrical circuit breaker panel, the apparatus comprising:
Spencer teaches an electric circuit breaker which may fit within a panel. (Spencer: abstract, Fig. 3C)
With respect to the following limitation:
a switch coupled to (i) a controller, (ii) a load terminal connected to a load, and (iii) a conductor connected to a power source, the conductor compatible with the electrical circuit breaker panel, wherein an isolation component is coupled between the controller and the switch;
Spencer teaches a processing unit within a central processor 22 (a controller). (Spencer: col. 6 lines 5-24 Figs. 2, 5) Spencer teaches a switch 32 coupled to the processor. (Spencer: col. 5 lines 22-44, Fig. 2) Spencer teaches a power connector coupled to an electrical power input of the breaker 12. (Spencer: col. 4 lines 51-64, Fig. 1) Spencer further teaches a conductor in the form of a branch circuit 14 connecting the breaker to the load. Id. Spencer, however, does not appear to explicitly teach an isolation component between the controller and the switch.
Kiko, however, teaches an isolation component in the form of a toroid 210 between the switch and controller as well as a line coupler 226 between the controller and the switch. (Kiko: paragraphs [00126, 133, 146, 149], Fig. 2A, 2B, 3C) Kiko teaches combining the above elements with the teachings of Spencer for the benefit of providing improved apparatus and methods for, inter alia, apparatus and methods for enabling a user (i.e. a homeowner, consumer or public utility) to monitor and control the power requirements of individual devices as well as of entire systems of device. (Kiko: paragraph [0032]) Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the teachings of Kiko with the teachings of Spencer to achieve the aforementioned benefits.
Spencer in view of Kiko further teaches:
a sensor coupled to the controller;
Spencer teaches a sensor 24 which may be coupled to the controller, load terminal, and the circuit breaker. Spencer: (col. 5 lines 1-23, Fig. 1)
a processing component configured to calculate one or more power values based on a current conducted to the load;
Kiko further teaches that the intelligent circuit breaker may calculate instantaneous power used, amount of power used per time of day, and peak power used and transmit this information to a server over a wide area network. (Kiko: paragraphs [0100, 131-132, 157, 170, 172, 175, 176, 185-187, 193-194, 201]) The motivation to combine Kiko persists.
and a wireless communication module coupled to the controller, the controller configured to: transmit a state of the apparatus based on a signal received from one of the processing component or the sensor;
Kiko, as outlined above, teaches that the intelligent circuit breaker may calculate, based on signals received from a processor or the current sensor, instantaneous power used, amount of power used per time of day, and peak power used and transmit this information to a server over a wide area network. (Kiko: paragraphs [0100, 131-132, 157, 170, 172, 175, 176, 185-187, 193-194, 201]) The motivation to combine Kiko persists.
transmit the calculated power values of the load;
Kiko, as outlined above, teaches that the intelligent circuit breaker may calculate, based on signals received from a processor or the current sensor, instantaneous power used, amount of power used per time of day, and peak power used and transmit this information to a server over a wide area network. (Kiko: paragraphs [0100, 131-132, 157, 170, 172, 175, 176, 185-187, 193-194, 201]) The motivation to combine Kiko persists.
and in response to receiving a user command via the communication module to turn off power to the load terminal, open the switch when a zero crossing of the current conducted to the load terminal is detected.
Spencer teaches that when a zero crossing of the current is detected, a switch may be tripped which opens or closes a circuit. (Spencer: col. 15 lines 13-15), Fig. 11) Spencer, however, does not appear to teach a command received at the circuit breaker, via the network, to provide power to or turn off power at the load. Kiko, however, teaches that an intelligent circuit breaker may receive commands to turn on or off power at a circuit breaker over a network from a smartphone. (Kiko: abstract, paragraphs [0066, 111, 120, 179, 184-186]) The motivation to combine Kiko persists.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMETT K WALSH whose telephone number is (571)272-2624. The examiner can normally be reached Mon.-Fri. 6 a.m. - 4:45 p.m..
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/EMMETT K. WALSH/Primary Examiner, Art Unit 3626
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