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 .
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1, limitation (e) claims “a control circuit” then (f) claims “a control circuit” again; since no second control circuit is mentioned in the specification or drawings, examiner believes this is a typographical error and will interpret this limitation as "the control circuit".
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.
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 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,347,979 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they both claim the same integrated modular electrical outlet system combining power storage, lighting, sensor-based control and network communication functionality.
Claims of Instant Application
Claims of US patent 12,347,97 9B2
1. A network access point comprising:(a) a main body and at least one removable section removably coupled to the main body;(b) at least one energy storage device electrically coupled to the main body; (c) at least one light source located on at least one of the main body and the at least one removable section;(d) at least one electrical conductor connected to at least one of the main body and the at least one removable section, and configured to provide electrical power to the at least one energy storage device;
(e) a sensor configured to activate the first light source through a control circuit in response to detecting a threshold condition;(f) a control circuit coupled to the sensor, the at least one light source, and the at least one energy storage device, and having an operational
mode activated by the sensor;(g) at least one communication outlet with an opening defined in at least one of the main body and the at least one removable section;(h) at least one computing device associated with at least one of the main body and the at least one removable section; and (i) a wireless communications network module in communication with the at least one computing device.
1. An network access point comprising:(a) a main body and at least one removable section removably coupled to the main body;(b) at least one energy storage device housed within the at least one removable section and electrically coupled to the main body,(c) a first light source located on the main body;(d) a second light source located on the at least one removable section;(e) a sensor associated with the main body and configured to activate the first light source through a control circuit;(f) a first switch coupled to the control circuit to control an operational mode of the control circuit;(g) at least one USB outlet with an opening defined in at least one of the main body and the at least one removable section;(h) at least one computing device associated with at least one of the main body and the at least one removable section; and (i) a wireless communications network module in communication with the at least one computing device.
Claims 2-9
Claims 2-9
10. An electric device, comprising:(a) an enclosure having a main body and at least one removable section;(b) at least one energy storage device for storing energy received from a power source;(c) a first light source providing light from the main body;(d) a second light source electrically coupled to the at least one energy storage device and providing light from the at least one removable section;(e) a sensor I providing a control signal when detecting a threshold condition; (f) a control circuit having
at least one operational mode activated by the control signal;(g) at least one computing device associated with the at least one removable section; and(h) a wireless communications network module in communication with the at least one computing device.
10. An electric device, comprising:
(a) an enclosure having a main body and at least one removable section;(b) at least one energy storage device for storing energy received from a power source;(c) a first light source providing light from the main body;(d) a second light source electrically coupled to the at least one energy storage device and providing light from the at least one removable section;(e) a sensor in communication with a control circuit which provides a control signal based on an environmental condition detected by the sensor;
(f) a first switch electrically coupled to the control circuit and controlling at least one operational mode of the control circuit;
(g) at least one USB outlet electrically coupled to both the at least one energy storage device and the power source;(h) at least one computing device associated with the at least one removable section; and(i) a wireless communications network module in communication with the at least one computing device.
Claims 11-20
Claims 11-20
The instant claim 1 differs from claim 1 of U.S. Patent No. 12,347,979 B2 in that the instant claim 1 recites:
a first light source located on at least one of the main body and the removable section, rather than being specifically associated with the main body;
an electrical conductor configured to provide electrical power to the energy storage device;
activation of the light source in response to detecting a threshold condition;
a control circuit coupled to the sensor, the light source, and the energy storage device; and
a communications outlet.
These differences are not patentably significant because: modifying the placement of a light source between components of a modular device is a design choice; providing an electrical conductor to deliver power to an energy storage device is routine or well understood implementation; detecting a threshold condition for sensor activation is a predictable control refinement; and coupling components through a control circuit and providing a communication outlet represent a routine implementation of known electrical and data interface functionality.
Accordingly, claim 1 is not patentably distinct from claim 1 of U.S. Patent No. 12,347,979 B2.
The instant claim 10 differs from claim 10 of U.S. Patent No. 12,347,979 B2 in that the instant claim 10 recites:
recites the device as an “electric device” rather than a “network access point”;
specifies certain control relationships using threshold-based signaling; and
recites certain component relationships using alternative functional phrasing.
These differences are not patentably significant because: describing the same structure as an “electric device” instead of a “network access point” is merely a difference in nomenclature; threshold-based control signaling represents a predictable variation of sensor-controlled operation; and variations in functional phrasing of component relationships do not change the underlying structure.
Accordingly, claim 10 is not patentably distinct from claim 1 of U.S. Patent No. 12,347,979 B2.
Regarding claims 2-9 and 11-20, U.S. Patent No. 12,347,979 B2 teaches the invention set forth above with respect to claims 1 and 10. The additional limitations recited in these dependent claims, including features such as a circuit breaker, electrical plug, modem, specific sensor types, additional switching, removable section configurations, selective coupling, and speaker functionality, do not render the claims patentably distinct, as they represent routine additions and predictable variations of the same integrated modular electrical outlet system combining power storage, lighting, sensor-based control, and network communication functionality. Accordingly, claims 2-9 and 11-20 are not patentably distinct from the claims of U.S. Patent No. 12,347,979 B2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ozbek et al. (US 2017/0093156 A1) is considered pertinent prior art because it teaches an electrical system including energy storage modules coupled to a common bus with power control circuitry. However, Ozbek does not teach or suggest a network access point comprising a main body and at least one removable section, nor does it disclose at least one light source located on at least one of the main body and the removable section, an electrical conductor configured to provide electrical power to at least one energy storage device, or a sensor configured to activate the light source through a control circuit in response to detecting a threshold condition. Further, Ozbek fails to teach or suggest at least one communications USB outlet formed in the main body or the removable section, at least one computing device associated with these structures, and a wireless communications network module in communication with the computing device, as recited. Accordingly, Ozbek does not teach or suggest the claimed combination, and the claimed invention as a whole is therefore allowable over the prior art of record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aqeel H Bukhari whose telephone number is (571)272-4382. The examiner can normally be reached M-F (9am to 5pm).
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/AQEEL H BUKHARI/Examiner, Art Unit 2849
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