DETAILED ACTION
The office action is in response to original application filed on 7-23-25. Claims 2-20 are pending in the application and have been examined.
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 .
Claim Objections
Claim 2 is objected to because of the following informalities:
Claim 2 is missing period at the end.
Appropriate correction is required.
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.
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Claims 2 and 11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14, 19-23, 25, 31 and 37-48 of U.S. Patent No. 12,300,451. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 2-20 of the current application is anticipated by claims 1-14, 19-23, 25, 31 and 37-48 of U.S. Patent No. 12,300,451.
Below is the chart showing the similarity and difference between Claims 2, 11 of the current application and claims 1 and 31 of U.S. Patent No. 12,300,451.
Current application:19/205,008
U.S. Patent No. 12,300,451
Claim 2: An electronic switch device for controlling a load, the device comprising:
a housing assembly including a plurality of terminals configured to be coupled to an AC
power source and the load;
a circuit assembly coupled to the plurality of terminals, the circuit assembly including a
relay switch having a commutator and a set of contacts, the relay switch being characterized by a
predetermined commutator period, the predetermined commutator period being substantially a
commutator travel time between the set of contacts during a relay switch actuation, the circuit
assembly further including an actuation circuit configured to energize the relay switch, the
actuation circuit comprising: a current source configured to provide a predetermined constant
current actuation signal to the relay switch to affects the predetermined commutator period
Claim 1: An electronic switch device for controlling a load, the device comprising:
a housing assembly including a front cover assembly having a user interface, a back
body assembly, and a plurality of terminals configured to be coupled to an AC
power source and the load;
a circuit assembly coupled to the plurality of terminals, the circuit assembly including
a relay switch having a commutator and a set of contacts, the relay switch
being characterized by a predetermined commutator period, the predetermined
commutator period being substantially a commutator travel time between the set of contacts during a relay switch actuation, the circuit
assembly further including an actuation circuit configured to provide a
constant current actuation signal that energizes the relay switch in response to
an input stimulus via the user interface such that an end of the predetermined
commutator period substantially coincides with a predetermined point in an
AC power cycle.
Claim 11: An electronic switch device comprising: a housing assembly including a plurality of terminals configured to be coupled to an AC
power source and a load, the housing assembly also including a user interface and a sensitivity
adjustment interface;
a circuit assembly coupled to the plurality of terminals, the circuit assembly including a
relay switch, the circuit assembly further including a sensor detector receptor portion coupled to
the user interface and configured to sense perturbations of a signal parameter, the circuit assembly
also including a sensor detector coupled to the sensor receptor portion, the sensor detector being
configured to determine whether the perturbations of the signal parameter correspond to a switch
actuation command in accordance with a detection rule, the circuit assembly also including a
regulation circuit coupled to the sensitivity adjustment interface and the sensor detector, the
regulation circuit being configured to adjust the detection rule in accordance with a setting of the
sensitivity adjustment interface and direct the relay switch to actuate in response to the switch
actuation command in accordance with a selected sensitivity adjustment.
Claim 31: An electronic switch device comprising: a housing assembly including a plurality of terminals configured to be coupled to an
AC power source and a load, the housing assembly also including a user
interface and a sensitivity adjustment interface;
a circuit assembly coupled to the plurality of terminals, the circuit assembly including
a relay switch having a commutator and a set of contacts, the relay switch
being characterized by a commutator period, the commutator period being
substantially a commutator travel time between the set of contacts, the
circuit assembly also including a sensor detector receptor portion coupled to
the user interface and configured to sense perturbations of a signal parameter,
the circuit assembly also including a sensor detector coupled to the sensor
receptor portion, the sensor detector being configured to determine whether the
perturbations of the signal parameter correspond to a switch actuation command in accordance with a detection rule, the circuit assembly also
including a regulation circuit coupled to the sensitivity adjustment interface
and the sensor detector, the regulation circuit being configured to adjust the
detection rule in accordance with a setting of the sensitivity adjustment
interface and direct the relay switch to actuate in response to the switch
actuation command in accordance with a selected sensitivity adjustment.
Claims 2 and 11 of the current application are anticipated by claims 1-14, 19-23, 25, 31 and 37-48 of U.S. Patent No. 12,300,451.
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.
Claims 2 and 11 are rejected under 35 U.S.C. 103 (a) as being unpatentable over Stich et al. Patent No. US 5,315,533 known hereinafter as “Stich” in view of Cohen et al. Patent No. US 7,786,618 known hereinafter as “Cohen”.
Regarding claim 2, Stich discloses an electronic switch device (See at least Stich, Figure 1, item 30) for controlling a load (See at least Stich, Figure 1, items 40 and 42), the device comprising: a plurality of terminals (See at least Stich, Figure 1, item first 33 right of item 31 and inputs to items 40 and 42) configured to be coupled to an AC power source (See at least Stich, Figure 1, items 31 and “AC IN”) and the load; a circuit assembly (See at least Stich, Figure 1, item 30) coupled to the plurality of terminals, the circuit assembly including a relay switch (See at least Stich, Figure 1, items 34, 36, and 43) having a commutator and a set of contacts, the relay switch being characterized by a predetermined commutator period (See at least Stich, Column 17, lines 23-29), the predetermined commutator period being substantially a commutator travel time between the set of contacts during a relay switch actuation (See at least Stich, Column 17, lines 23-29), the circuit assembly further including an actuation circuit (See at least Stich, Column 19, lines 34-36, A signal is then provided on a line 302 to energize the boost relay coil 303 to connect the switch 122 35 of the relay 36) configured to energize the relay switch, the actuation circuit comprising: a current source (See at least Stich, fig. 1, battery 47) configured to provide a predetermined constant current actuation signal to the relay switch (See at least Stich, Columns 7-8, AC power system has failed completely or when its voltage has dropped from nominal voltage levels. The signal from the line monitors 53 is passed to controller 56 also receives a signal from a current transformer 57, which is connected to the output power lines 39, to provide the controller with information indicative of the current being delivered by the back-up power system 30 to the power consuming equipment) to affect the predetermined commutator period
But, Stich does not disclose explicitly a housing assembly;
However, Cohen discloses a housing assembly (See at least Cohen, Figure 2, item 52);
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the electronic switch device in Stich to include the housing assembly of Cohen to produce the known and expected uses and benefits of compact and portability of electronic devices.
Regarding claim 11, Stich discloses an electronic switch device (See at least Stich, Figure 1, item 30) comprising: a plurality of terminals (See at least Stich, Figure 1, item first 33 right of item 31 and inputs to items 40 and 42) configured to be coupled to an AC power source (See at least Stich, Figure 1, items 31 and “AC IN”) and a load (See at least Stich, Figure 1, items 40 and 42), the housing assembly also including a user interface and a sensitivity adjustment interface (See at least Stich, Figure 1, item 43); a circuit assembly coupled to the plurality of terminals, the circuit assembly including a relay switch, the circuit assembly further including a sensor detector receptor portion coupled to the user interface and configured to sense perturbations of a signal parameter, the circuit assembly also including a sensor detector coupled to the sensor receptor portion, the sensor detector being configured to determine whether the perturbations of the signal parameter correspond to a switch actuation command in accordance with a detection rule, the circuit assembly also including a regulation circuit (See at least Stich, Figure 1, item 66) coupled to the sensitivity adjustment interface and the sensor detector, the regulation circuit being configured to adjust the detection rule in accordance with a setting of the sensitivity adjustment interface and direct the relay switch to actuate in response to the switch actuation command in accordance with a selected sensitivity adjustment (See at least Stich, Column 10, lines 31-56) (Stich discloses high speed disturbances and slow speed disturbances).
But, Stich does not disclose explicitly a housing assembly;
However, Cohen discloses a housing assembly (See at least Cohen, Figure 2, item 52);
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the electronic switch device in Stich to include the housing assembly of Cohen to produce the known and expected uses and benefits of compact and portability of electronic devices.
Allowable Subject Matter
Claim 3-10 and 12-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for the indication of allowable subject matter:
Claim 3 indicated as containing allowable subject matter because prior art fails to teach or suggest the current source comprises an H-bridge circuit and a constant current sink.
Claim 5 indicated as containing allowable subject matter because prior art fails to teach or suggest the actuation circuit is configured such that the current source maintains a substantially constant current through the relay switch during a pulse interval of about 10 milliseconds.
Claim 6 indicated as containing allowable subject matter because prior art fails to teach or suggest the circuit assembly comprises a processor configured to control the timing of the actuation signal based on a stored commutator period and a detected zero crossing of the AC power cycle.
Claim 12 indicated as containing allowable subject matter because prior art fails to teach or suggest the sensor receptor portion includes a photosensitive element configured to measure light reflected from a light emitting diode (LED).
Claim 15 indicated as containing allowable subject matter because prior art fails to teach or suggest the sensor receptor portion includes a capacitive sensor configured to measure changes in capacitance.
Claim 17 indicated as containing allowable subject matter because prior art fails to teach or suggest the sensor receptor portion includes an electronic switch, and wherein the detection rule includes a switch closed time duration greater than a predetermined time interval.
Claims 18-20 are allowed.
The following is an examiner’s statement of reasons for allowance:
With respect to independent claim 18, the closest prior art reference Stich et al. (5,315,533) discloses “a power supply path from input terminals connected to AC
power system lines to normally supply power to a load. Upon the occurrence of a line fault, a static switch in the power supply path interrupts the connection between the AC power lines and the load and an inverter is turned on to provide power derived from an auxiliary battery through a transformer to the power supply path to supply AC power to the load”, and the prior art of record, singularly or in combination, does not disclose the claimed combination of components, which include, inter alia, the interchangeable switch module also including a second circuit assembly coupled to the first circuit assembly when the interchangeable switch module is coupled to the housing assembly, the second circuit assembly propagating a constant current actuation signal that energizes the relay switch in
response to an input stimulus via the user interface.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schwarzbach et al. 4,418,333- An appliance control system includes a central control unit and a plurality of slave units each including a user programmable microprocessor and respectively plugged into outlet sockets of a power main in a building, appliances being respectively coupled to the slave units. The system permits manual or automatic transmission of command signals and status request signals from the central control unit to individually addressed slave units, and transmission of status signals from the slave units to the central control unit.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ESAYAS G YESHAW whose telephone number is (571)270-1959. The examiner can normally be reached Mon-Sat 9AM-7PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Menna Youssef can be reached at 5712703684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ESAYAS G YESHAW/Examiner, Art Unit 2836
/Menatoallah Youssef/SPE, Art Unit 2836
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