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 .
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.
Abstract
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the abstract is not within the range of 50 to 150 words in length. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
Claims 14-20 are rejected under 35 U.S.C. 101 because the disclosed invention is inoperative and therefore lacks utility.
Claim 14 recites “a method of converting a portable generator to a non-portable generator meeting the UL2200 standard, the method comprising:
partially disassembling a portable generator;
mounting an engine of the portable generator to a baseplate, the engine being free of an engine controller in communication with an automatic transfer switch (ATS); and
coupling an enclosure to the baseplate to cover the engine.”
The method fails to convert a portable generator to a non-portable generator because it dismantles a portable generator to obtain an engine, mounts the engine to a baseplate, and covers the engine with an enclosure. The method does not produce a generator. Instead, the method converts a portable generator into a standalone engine disposed in an enclosure.
Dependent claims 15-20 are rejected, as they inherit the deficiency of the independent claim.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Anderson (US 3,418,485).
Regarding claim 1, Anderson discloses a stationary generator (34 of Figure 4) comprising:
a baseplate (32 of Figure 4);
an enclosure (31 of Figure 4) coupled to the baseplate; and
an engine (33 of Figure 4) mounted on the baseplate;
wherein the stationary generator is free of an engine controller in communication with an automatic transfer switch (ATS).
Claim Rejections - 35 USC § 103
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 3,418,485), in view of Leach (US 9,761,383).
Regarding claim 2, Anderson discloses wherein the stationary generator (34 of Figure 4) is free of an ATS.
Anderson does not explicitly disclose further comprising a manual transfer switch.
Leach discloses further comprising a manual transfer switch (108 of Figure 1; Col. 1:22-47);
wherein the stationary generator (104 of Figure 1) is free of an ATS.
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have a manual transfer switch connected to the generator of Anderson, as taught by Leach, in order to restore power to pre-designated, critical circuits (e.g., hot-water heater, refrigerator) [Leach: Col. 1:22-47].
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 3,418,485).
Regarding claim 14, Anderson discloses a method of converting a portable generator to a non-portable generator (34 of Figure 4) meeting the UL2200 standard, the method comprising:
partially disassembling a portable generator;
mounting an engine (33 of Figure 4) of the portable generator to a baseplate (32 of Figure 4), the engine being free of an engine controller in communication with an automatic transfer switch (ATS); and
coupling an enclosure (31 of Figure 4) to the baseplate to cover the engine.
Anderson does not explicitly disclose converting a portable generator to a non-portable generator comprising:
partially disassembling a portable generator, and
mounting an engine (33 of Figure 4) of the portable generator to a baseplate.
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to use components of a portable generator to assemble a non-portable generator since it was known in the art that taking an existing device and merely making it stationary, larger, or fixed in place without producing any new and unexpected result involves only routine skill in the art.
Claims 3, 4, 6, 12, 13, 17, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 3,418,485), in view of Collie (CA 2979453).
Regarding claim 3, Anderson discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose further comprising a fuel tank assembly forming an upper panel of the enclosure (31 of Figure 4) above the engine (33 of Figure 4).
Collie discloses further comprising a fuel tank assembly (33 of Figure 1) forming an upper panel of the enclosure (36 of Figure 1) above the engine (34 of Figure 1).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have a fuel tank assembly with part of the enclosure of Anderson, as taught by Collie, to provide gasoline to the engine to run the engine [Collie: Para. 0020].
Regarding claim 4, Anderson discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose wherein the stationary generator (34 of Figure 4) is equipped to operate on each one of gasoline, liquified petroleum gas (LPG), and natural gas (NG) in respective gasoline, LPG, and NG modes.
Collie discloses wherein the generator is equipped to operate on each one of gasoline, liquified petroleum gas (LPG), and natural gas (NG) in respective gasoline, LPG, and NG modes (Para. 0019).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have the generator of Anderson capable to operate on multiple gases, as taught by Collie, to provide a cleaner burning fuel that limits undesirable emissions, to generate electricity when gasoline is not readily available, and the added benefit that alternate fuels may be stored for longer periods of time without degradation, whereas gasoline can degrade over a period of months leading to hard stating, rough running, and also lead to gum and varnish deposits in the fuel system [Collie: Para. 0003].
Regarding claim 6, Anderson discloses a method of manufacturing a stationary generator (34 of Figure 4), the method comprising:
providing a baseplate (32 of Figure 4);
mounting an engine (33 of Figure 4) on the baseplate, the engine being free of an engine controller in communication with an automatic transfer switch (ATS);
coupling an enclosure (31 of Figure 4) to the baseplate to cover the engine.
Anderson does not explicitly disclose forming a fuel tank assembly above the stationary generator thereby forming an upper panel of the enclosure with the fuel tank assembly.
Collie discloses forming a fuel tank assembly (33 of Figure 1) above the generator (40 of Figure 1) thereby forming an upper panel of the enclosure with the fuel tank assembly.
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have a fuel tank assembly with part of the enclosure of Anderson, as taught by Collie, to provide gasoline to the engine to run the engine [Collie: Para. 0020].
Regarding claim 12, Anderson discloses further comprising dismantling a portable generator and utilizing a plurality of components of the portable generator to manufacture the stationary generator (34 of Figure 4).
Regarding claim 13, Anderson discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose further comprising fastening the fuel tank assembly to a plurality of enclosure supports.
Collie discloses further comprising fastening the fuel tank assembly (33 of Figure 1) to a plurality of enclosure supports (see annotated Figure 1 below).
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Collie Figure 1
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have a fuel tank assembly fastened with part of the enclosure of Anderson, as taught by Collie, to provide gasoline to the engine to run the engine [Collie: Para. 0020].
Regarding claims 17, 19, 20, Anderson discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose further comprising forming a gasoline fuel tank assembly above the stationary generator (34 of Figure 4) thereby forming an upper panel of the enclosure (31 of Figure 4) with the fuel tank assembly (claim 17);
further comprising installing a carburetor configured to provide the engine (33 of Figure 4) with an amount of gasoline and liquid propane (claim 19);
further comprising providing a fuel selector switch allowing for selection of a fuel source as the gasoline fuel tank or a remote liquid propane source (claim 20).
Collie discloses further comprising forming a gasoline fuel tank assembly (33 of Figure 1) above the generator (40 of Figure 1) thereby forming an upper panel of the enclosure with the fuel tank assembly (claim 17);
further comprising installing a carburetor (Para. 0020) configured to provide the engine (33 of Figure 4) with an amount of gasoline and liquid propane (Para. 0020) (claim 19);
further comprising providing a fuel selector switch (54 of Figure 1) allowing for selection of a fuel source (44 of Figure 1) as the gasoline fuel tank or a remote liquid propane source (50 of Figure 1) (claim 20).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have a fuel tank assembly with part of the enclosure of Anderson and have the generator of Anderson capable to operate on multiple gases, as taught by Collie, to provide a cleaner burning fuel that limits undesirable emissions, to generate electricity when gasoline is not readily available, and the added benefit that alternate fuels may be stored for longer periods of time without degradation, whereas gasoline can degrade over a period of months leading to hard stating, rough running, and also lead to gum and varnish deposits in the fuel system [Collie: Para. 0003].
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 3,418,485), in view of Collie (CA 2979453) as applied to claim 6 above, and further in view of Melley (US 4,136,432).
Regarding claims 7, 9, Anderson discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose further comprising forming the enclosure (31 of Figure 4) from a plurality of enclosure panels and coupling a lock on each one of the enclosure panels thereby allowing the enclosure panels to be individually removable by unlocking the locks (claim 7);
further comprising forming a plurality of ventilation louvres (50 of Figure 4) on at least two of the enclosure panels (claim 9).
Melley discloses further comprising forming the enclosure (20 of Figure 1) from a plurality of enclosure panels (31 of Figure 1) and coupling a lock (59 of Figure 3) on each one of the enclosure panels thereby allowing the enclosure panels to be individually removable by unlocking the locks (claim 7);
further comprising forming a plurality of ventilation louvres (21, 22 of Figure 1) on at least two of the enclosure panels (see Figure 1; Col. 3:18-30) (claim 9).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have the enclosure of Anderson comprise a plurality of enclosure panels that can be locked and also comprise a plurality of louvers on at least two of the enclosure panels, as taught by Melley, to provide a system which protects the electric power generating equipment from the generating environment without sacrificing desirable features such as the ease with which maintenance of the generating equipment may be performed within the enclosure and the ease with which the generating equipment may be operated [Melley: Col. 1:33-51].
Regarding claim 8, Anderson discloses further comprising concealing a control panel (66 of Figure 4) for the stationary generator (34 of Figure 4).
Anderson does not explicitly disclose concealing a control panel behind an enclosure panel.
Melley discloses further comprising concealing a control panel (83 of Figure 1) for the stationary generator (82 of Figure 1) behind an enclosure panel (20 of Figure 1).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have the control panel of Anderson behind an enclosure panel, as taught by Melley, to provide necessary protection for generating equipment from the dirt, sand, water, and weather of the generating environment [Melley: Col. 1:35-38].
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 3,418,485), in view of Collie (CA 2979453) as applied to claim 6 above, and further in view of Feldhausen (US 5,620,620).
Regarding claim 10, Anderson discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose wherein further comprising fastening the baseplate (32 of Figure 4) to a substrate with a plurality of fasteners thereby securing the stationary generator (34 of Figure 4) to the substrate (claim 10);
further comprising providing a plurality of hurricane hold-downs to secure the baseplate (32 of Figure 4) to the substrate with the plurality of fasteners (claim 11).
Feldhausen discloses further comprising fastening the baseplate (4 of Figure 1) to a substrate (17 of Figure 6-7) with a plurality of fasteners (30 of Figure 7) thereby securing the stationary generator (7 of Figure 2) to the substrate (claim 10);
further comprising providing a plurality of hurricane hold-downs (10 of Figure 1) to secure the baseplate (4 of Figure 1) to the substrate (17 of Figure 6-7) with the plurality of fasteners (30 of Figure 7) (claim 11).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have mounting holes and hurricane hold-downs secured by fasteners in the base of Anderson, as taught by Feldhausen, to provide a rigid support for the prime mover, generator, and other components and is often desirable to more or less permanently mount them to a horizontal surface [Feldhausen: Col. 1:10-27].
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 3,418,485), in view of Melley (US 4,136,432).
Regarding claim 15, Anderson discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose further comprising forming the enclosure (31 of Figure 4) from a plurality of enclosure panels and coupling a lock on each one of the enclosure panels thereby allowing the enclosure panels to be individually removable by unlocking the locks.
Melley discloses further comprising forming the enclosure (20 of Figure 1) from a plurality of enclosure panels (31 of Figure 1) and coupling a lock (59 of Figure 3) on each one of the enclosure panels thereby allowing the enclosure panels to be individually removable by unlocking the locks.
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have the enclosure of Anderson comprise a plurality of enclosure panels that can be locked and be individually removable by unlocking the locks, as taught by Melley, to provide a system which protects the electric power generating equipment from the generating environment without sacrificing desirable features such as the ease with which maintenance of the generating equipment may be performed within the enclosure and the ease with which the generating equipment may be operated [Melley: Col. 1:33-51].
Regarding claim 16, Anderson discloses further comprising concealing a control panel (66 of Figure 4) for the stationary generator (34 of Figure 4).
Anderson does not explicitly disclose concealing a control panel behind an enclosure panel.
Melley discloses further comprising concealing a control panel (83 of Figure 1) for the stationary generator (82 of Figure 1) behind an enclosure panel (20 of Figure 1).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have the control panel of Anderson behind an enclosure panel, as taught by Melley, to provide necessary protection for generating equipment from the dirt, sand, water, and weather of the generating environment [Melley: Col. 1:35-38].
Claims 5 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 3,418,485), in view of Feldhausen (US 5,620,620).
Regarding claim 5, Anderson discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose wherein the baseplate (32 of Figure 4) comprises:
a plurality of mounting holes; and
a hurricane hold-down for each mounting hole.
Feldhausen discloses wherein the baseplate (4 of Figure 1) comprises:
a plurality of mounting holes (12 of Figure 1); and
a hurricane hold-down (10 of Figure 1) for each mounting hole.
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have mounting holes and hurricane hold-downs in the base of Anderson, as taught by Feldhausen, to provide a rigid support for the prime mover, generator, and other components and is often desirable to more or less permanently mount them to a horizontal surface [Feldhausen: Col. 1:10-27].
Regarding claim 18, Anderson discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose further comprising:
fastening the baseplate (32 of Figure 4) to a substrate with a plurality of fasteners thereby securing the stationary generator (34 of Figure 4) to the substrate; and
providing a plurality of hurricane hold-downs to secure the baseplate to the substrate with the plurality of fasteners.
Feldhausen discloses further comprising:
fastening the baseplate (4 of Figure 1) to a substrate (17 of Figure 6-7) with a plurality of fasteners (30 of Figure 7) thereby securing the stationary generator (7 of Figure 2) to the substrate; and
providing a plurality of hurricane hold-downs (10 of Figure 1) to secure the baseplate to the substrate with the plurality of fasteners.
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have mounting holes and hurricane hold-downs secured by fasteners in the base of Anderson, as taught by Feldhausen, to provide a rigid support for the prime mover, generator, and other components and is often desirable to more or less permanently mount them to a horizontal surface [Feldhausen: Col. 1:10-27].
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fukuda (US 5,965,949) discloses a plurality of mounting holes on the base.
Sarder (US 2019/0338700), Schmit (US 2016/0294255) disclose a generator with a plurality of removable enclosure panels.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES H REID whose telephone number is (571)272-9248. The examiner can normally be reached M-F 9:30-4:45 PM.
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/Charles Reid Jr./ Primary Examiner, Art Unit 2834
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