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 .
DETAILED ACTION
Election/Restriction
Applicant’s election without traverse of Invention I, claims 1-14 in the reply filed on 12/30/2025 is acknowledged.
Claims 15-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/19/2024.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-14 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-14 of prior U.S. Patent No. 12255581. This is a statutory double patenting rejection.
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance:
Morad (US Pub No. 2017/0077343), Golubovic (US Pub No. 2012/0033392), and Orr (US Pub No. 2016/0329715) are the closest prior art.
Morad et al. teaches a system [Fig. 57B, 0194] comprising: a photovoltaic string [10, Fig. 1, 0107] comprising a plurality of photovoltaic modules [200, Fig. 57B, 0516]; wherein the photovoltaic string is installed on a roof of a structure [Fig. 57B, 0194];
wherein each photovoltaic module of the plurality of photovoltaic modules comprises: a first layer [430, glass, fig. 8A, 0298] on a roof deck of the roof [Fig. 57B, 0194], and a second layer having at least one photovoltaic cell [4101, Fig. 8B, 0283]: wherein the second layer is opposite to the roof deck; at least one electrical connection to a grid power supply [Fig. 49A-49B, 0498];
Golubovic et al. teaches a conventional junction box for solar panels comprising at least one electronics housing [14, Fig. 1-2, 0034, 0036], wherein the at least one electronics housing houses a rapid shutdown device [210, Fig. 12-14, 0062] in electrical communication with a photovoltaic string [Fig. 12] and the at least one electrical connection to a grid power supply [48, Fig. 12, 0036]; The junction box of Golubovic et al. can be easily installed and replaced [0006-0007],
wherein the at least one electronics housing [30, Fig. 2, 00410-004] comprises a non-conductive material [0041] that encompasses the rapid shutdown device [Fig. 2];
Orr et al. teaches wherein the rapid shutdown device used to provide improved safety of the PV [0085] comprising: a first power line and a second power line, wherein each of the first power line and the second power line is electrically connected to the photovoltaic string [Fig. 2A, 0040];
a high voltage switch [one of 204, Fig. 2A, 0040] on the first power line [Fig. 2A]
wherein the high voltage switch is configured to electrically disconnect the first power line while the high voltage switch is open [Fig. 2A]; wherein the high voltage switch is configured to have a blocking voltage exceeding a string voltage [See 321, Fig. 3A, 0057]; wherein the string voltage is associated with power generated by the photovoltaic string [0061]
and a gate drive circuit [Fig. 3A, 0057] configured to: receive at least one electronic photovoltaic string status signal indicative of an operating status of the photovoltaic string [0059];
determine that the operating status of the photovoltaic string indicates a hazard based at least in part on the at least one electronic photovoltaic string status signal; and generate, based on the operating status of the photovoltaic string indicating the hazard, a high voltage switch command signal configured to cause the high voltage switch to open so as to electrically disconnect the photovoltaic string from the at least one electrical connection to the grid power supply with the blocking voltage exceeding the string voltage [Fig. 3A, 0059, 0003, the controller 310, 410 is configured to determine the state of electrical continuity based on an impedance determined from voltage across the output terminals and current flow in a circuit path between the output terminals while the test signal is applied. One or both of the voltage and current could be measured using sensors 340, where 311 has a known voltage or current value, 0079, 0081].
Modified Morad et al. teaches limitations of the claim but does not disclose the limitations of “a discharge circuit having a discharge switch between a positive terminal and a negative terminal of the device, wherein the discharge circuit is configured to: drive the discharge switch complementary to the high voltage switch to establish a discharge path between the positive terminal and the negative terminal.”
These references, nor any other reference or combination of reference in the prior art suggest or render obvious the limitations of “a discharge circuit having a discharge switch between a positive terminal and a negative terminal of the device, wherein the discharge circuit is configured to: drive the discharge switch complementary to the high voltage switch to establish a discharge path between the positive terminal and the negative terminal.” in conjunction with the remaining limitations of the claims.
Therefore; claims 1-14 are allowed once the rejections under 35 USC 101 are overcome.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL Y SUN whose telephone number is (571)270-0557. The examiner can normally be reached 9AM-7PM.
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, MATTHEW MARTIN can be reached on (571) 270-7871. 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.
/MICHAEL Y SUN/Primary Examiner, Art Unit 1726