`
`«D
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Omce
`Addmssz COMMISSIONER FOR PATENTS
`P.O. Box I450
`Alexandria, Virginia 223 I3-I450
`www.uspIo.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION N0.
`
`09/930,780
`
`08/ 15/2001
`
`Carrel W. Ewing
`
`MLF-600-14
`
`3325
`
`7590
`
`‘
`
`I0/22/2004
`
`Robert C. Ryan
`Nath and Associates PLLC
`1030 I5th‘St1'eet N. W.
`6th Floor
`
`Washington, DC 20005
`
`_
`
`PATEL, ASHOKKUMAR B
`PAPER NUMBER
`
`A“ “N”
`2154
`
`DATE MAILED: 10/22/2004
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO-90C (Rev. 10/03)
`
`.
`
`Raritan v. Server Technology
`
`SERVER TECH EXHIBIT 2002
`
`IPR page 1
`
`
`
`Office Action Summary
`
`Application No.
`
`Appllcant(s)
`
`09/930,780
`Examm,
`
`EWING ET AL.
`
`- The MAILING DA TE of this communication appears on the cover sheet wlfli the correspondence address -
`Period for Reply
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPlRE Q MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`atler Six (6) MONTHS from the mailing date ot this communication.
`It the period for reply speciiied above is less than thirty (30) days. a reply within the statutory minimum of thirty (30) days will be considered timely.
`-
`If NO period for reply is specified above. the maximum statutory period will apply and will expire Six (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period tor reply will. by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication. even it timely filed. may reduce any
`earned patent tenn adjustment. See 37 CFR 1.70-1(b).
`
`In no event, however. may a reply be timely filed
`
`Status
`
`1)lZ Responsive to communication(s) filed on 1 5 August 200.1 .
`_ 2a)I:I This action is FINAL.
`2b)XI This action is non-final.
`3)l:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`
`closed in accordance with the practice under Ex paite Quayle, 1935 C.D. 11,453 O.G. 213.
`
`Disposition of Claims
`
`4)IZl Claim(s) _1_Q_-_.3_g is/are pending in the application.
`
`4a) Of the above c|aim(s) __ is/are withdrawn from consideration.
`5)C] Claim(s) __ is/are allowed.
`
`6)E| Claim(s)E is/are rejected.
`7)I:] Claim(s) __ is/are objected to.
`8)I:I Claim(s)j are subject to restriction and/or election requirement.
`
`Application Papers
`
`em The specification is objected to by the Examiner.
`10)[_'_'] The drawing(s) filed on __ is/are: a)[:l accepted or b)|:] objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required it the drawing(s) is objected to. See 37 CFR 1.121(d).
`11)[:] The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`12)E] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)|:] All b)[] Some * c)[] None of:
`_ 1.[:] Certified copies of the priority documents have been received.
`2.[] Certified copies of the priority documents have been received in Application No. __
`3.[:l Copies of the certified copies of the priority documents have been received in this National Stage
`application from the international Bureau (PCT Rule 17.2(a)).
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)<
`
`1) IX] Notice of References Cited (PTO-892)
`2) D Notice of Drafisperson's Patent Drawing Review (PTO-948)
`3) IX] information Disclosure Statement(s) (PTO-1449 or PTO/SBI08)
`Paper No(s)lMail Date .
`u.s. Patent and T dermnt om
`
`4) El interview Summary (PTO-413)
`P3937 N°(S)/M3" 0339-
`-
`5) El Notice of Informal Patent Application (PTO-152)
`6) ['_'| Other:
`‘
`
`PTOL-326 (R:v. 1-04) Ce
`
`,
`
`_
`
`OfficeAction summary
`
`PartofPaper No./Miiflfi23501g‘°’e2
`
`
`
`Application/Control Number: 09/930.780
`Art Unit: 2154
`
`DETAILED ACTION
`
`Application Number 09/930, 780 was filed on 08/30/2000. Claims 10-32 are
`
`subject to examination.
`
`Priority
`
`2.
`
`Applicant has not complied with one or more conditions for receiving the benefit
`
`of an earlier filing date under 35 U.S.C. 120 as follows:
`The later-filed application must be an application for a patent for an invention which is
`
`also disclosed in the prior application (the parent or original nonprovisional application
`
`or provisional application); the disclosure of the invention in the parent application and
`
`'
`
`in the later-filed application must be sufficient to comply with the requirements of the
`
`first paragraph of 05 U.S.C. 112. See Transco Products, Inc. v. Performance
`
`Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
`
`The instant application's incorporation of “a user display disposed on vertical strip
`enclosure whereby a user may observe information relative to the amount of current
`flowing through the power input and plurality of power outputs as shown in Fig.1,
`
`element 104 "which Examiner was unable to locate in the applications 09/735,471 and
`
`08/685,436. And as such, the priority date was considered as being 12/08/2000.
`
`Specification
`
`3.
`
`The title of the invention is not descriptive. A new title is required that is clearly
`
`indicative of the invention to which the claims are directed. The following title is
`
`IPR page 3
`
`
`
`Application/Control Number: 09/930,780
`
`Page 3
`
`Art Unit: 2154 .
`
`suggested: REMOTELY COBITROLLED RACK MOUNT ELECTRICAL POWER A
`
`DISTRIBUTION PLUGSTRIP
`
`Claim Rejections - 35 USC § 103
`
`4.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`5.
`
`Claims 10-23, 26 and 28 are rejected under 35 U.S.C. 103(a) as being
`
`Unpatentable over Schreiber (US 5, 424, 903) in view of .Lovrenich (US 5, 619, 722)
`
`Referring to claim 10,
`The reference Schreiber teaches an electrical power distribution on plugstrip of the type
`
`for providing power to one or more electrical loads in a vertical electrical equipment rack
`
`(Fig.1, element 16, Fig.2), the electrical power distribution plugstrip comprising in
`
`combination:
`
`A.
`
`a vertical strip enclosure having a long length and relatively thin width (Fig.1,
`
`element 16);
`
`B.
`
`C.
`
`a power input penetrating said vertical strip enclosure (Fig.1, element 30);
`
`a plurality of power outputs disposed along said long length of the strip
`
`enclosure, each among the plurality of power outputs being connectable to a
`
`corresponding one of said one or more electrical loads (Fig.1, elements 32a-32f);
`D.
`‘
`a plurality of power control relays disposed in said vertical strip enclosure, each
`
`among aid plurality of power control relays being connected to independently control
`
`IPR page 4
`
`
`
`Application/Control Number: 09/930,780
`
`Page 4
`
`Art Unit: 2154
`
`power from said power input to one or more corresponding power outputs among said
`
`plurality of power outputs (Fig.2, elements 46a-46e). The reference fails to teach a user
`
`display disposed on said vertical strip enclosure in information-determining
`
`communication with at least one among said power input and said plurality of power
`outputs, whereby a user may observe information relative to the amount of current
`
`flowing through at least one among the power input and said plurality of power outputs.
`
`The reference Lovrenich teaches “a computer interface that is capable of providing an
`
`unlimited number of addressable multiplexed output ports to interface with remote
`
`peripheral devices, wherein the remote peripheral devices need not have inherent
`
`addressing circuitry, and wherein the computer interface can be inexpensively
`
`manufactured." In ‘col. 3, lines 8-14. The reference also teaches a digital Ammeter
`
`which can be interfaced for communication over the network in Fig.1, element 24, col. 6,
`
`lines 29-59. Therefore, it would have been obvious to one having ordinary skill in the art
`
`at the‘ time of invention was made to enhance the functionality of the power strip of
`
`Schreiber by adding the interface and the interface-able ammeter of Lovrenich such that
`“The computer 32 can then signal the voltmeter 22 (ammeter 24) to perform functions
`
`such as transmitting its present measurement (whereby a user may observe information .
`
`relative to the amount of current flowing through at least one among the power input
`
`and said plurality of power outputs, in person or over the network), changing the scale
`
`of measurement, clearing its memories, or initiating a calibration routine. The extent of
`
`the functions which can be performed depend on the capabilities of the device.
`
`4
`
`Supposing that the computer inquires the present voltage measurement from the
`
`IPR page 5
`
`
`
`Application/Control Number: 09/930,780
`Art Unit: 2154
`
`Page 5
`
`voltmeter 22 (ammeter 24), the voltmeter 22 (ammeter 24) would then transmit a data
`
`signal which represents the measurement through the interface 30 for reception by the
`
`computer 32. After a step such as processing or storing the measurement, the
`
`computer 32 could either signal the voltmeter 22 (ammeter 24) to perform a further
`
`function or could transmit a further address signal in order to access another of the
`
`devices as taught by the reference Lovrenich in col. 6, lines 46-59.
`
`Referring to claim 11,
`
`The reference Schreiber teaches electrical power plugstrip of claim 10 further
`
`comprising at least one intelligent power section disposed in the vertical strip enclosure
`
`and in which is disposed at least one of the plurality of power control relays (col.4, lines
`
`6-9, “The outlets 32a-32e are programmable. The outlet 32f is nonprogrammable and is
`
`be used to supply electrical power to a lamp 34 or other non—system device.". and Fig.2,
`
`elements 46a-46e).
`
`Referring to claim 12,
`
`The reference Schreiber teaches “The sequence in which the switches 26c-26e are
`
`actuated and.the time delay between successive actuation of the switches 26c-26e are
`
`stored in the memory of the microprocessor 40.(col.6, lines 36-40). The reference
`
`discloses that the microprocessor incorporated by the power strip has the capability to
`
`store and execute the commands pertaining to selectable ones of plurality of power
`
`outputs.(the vertical strip enclosure in network communication with the intelligent power
`
`section disposed in the vertical strip enclosure, whereby a user of the external power
`
`manager may control power provided to selectable ones of said plurality of power
`
`IPR page 6
`
`
`
`Application/Control Number: 09/930,780
`Art Unit: 2154
`
`‘
`
`Page 6
`
`‘ outputs.) Although, the reference ‘teaches the external power manager which is a
`
`hardware device, Fig.1, element 14, which is used to control power provided to
`
`selectable ones of- plurality of power outputs as stated in col. 6,
`
`lines 15-54, and
`
`although the hardwarefunctionality of the device Fig.1, element can be implemented as
`
`being carried out by the software, since the claim includes external power manager
`
`application, the external power manager application is interpreted as being exclusively
`
`a software and its relevant hardware and as such, the reference explicitly fails to teach
`
`an external power manager application . The reference Lovrenich teaches “a computer
`
`interface that is capable of providing an unlimited number of addressable multiplexed
`
`output ports to interface with remote peripheral devices, wherein the remote peripheral
`
`devices need not have inherent addressing circuitry, and wherein the computer
`
`interface, can be inexpensively manufactured." In col. 3, lines 8-14. The reference also
`
`teaches “The extent of the functions which can be performed depend on the capabilities
`
`of the device.", col. 6, lines 50-51. Therefore, it would have been obvious to one having
`
`ordinary skill in the art at the time of invention was made to enhance the functionality of
`
`the power strip of Schreiber by adding the interface of Lovrenich such that the
`
`programming aspect of the hardware device of Schreiber is replaced and carried out by
`
`the interface of Lovrenich because the reference Lovrenich has disclosed that “the
`
`extent of the functions which can be performed depend on the capabilities of the
`
`device.”
`
`Referring ‘to claim 13,
`
`IPR page 7
`
`
`
`Application/Control Number: 09/930,780
`
`Page 7
`
`Art Unit: 2154
`
`The electrical power plugstrip of claim 10 further comprising a plurality of intelligent
`
`power sections disposed in the vertical strip enclosure, each said intelligent power
`
`section being in independent communication with at least a corresponding one or more
`
`among the plurality of power outputs (co|.4, lines 6-9, “The outlets 32a-32e are
`
`programmable. The outlet 32f is non-programmableand is be used to supply electrical
`
`power to a lamp 34 or other non-system device." The reference also teaches “-It is
`
`understood that the present invention can take many forms and embodiments. The
`
`embodiments shown herein are intended to illustrate rather than to limit the invention, it
`
`being appreciated that variations may be made without departing from the spirit of the
`
`scope of the invention. For example, the system 10 may be implemented using
`
`alternative electronic components, rather than as herein described. Further, it will be
`
`appreciated that different elements of the system may be embodied as a single
`
`integrated chip, orjany varying combination of discrete digital or analog components
`
`interconnected in a standard manner. The system may be used to supply power to a
`
`variety of devices other than components of a computer system. Examples include,
`
`inter alia, lighting devices, consumer electronic products such as stereos, players, cable
`
`TV arrangements, ‘and other systems.", col.7, lines 65 thru col.8, lines 1'4. Thereby the
`
`reference teaches that additional groups of the receptacles can be added and formed
`
`as being separately controlled as being the intelligent power section.(a ‘plurality of ,
`
`intelligent power sections disposed in the vertical strip enclosure, each said intelligent
`
`power section being in independent communication with at least a corresponding one or
`
`more among the plurality of power outputs.)
`
`IPR page 8
`
`
`
`Application/Control Number: 09/930,780
`
`Art Unit: 2154
`
`Referring to claim 14,
`
`The reference Schreiber teaches in col.4, lines 6-9, “The outlets 32a-32e are
`
`programmable. The outlet 32f is non-programmable and is be used to supply electrical
`
`power to a lamp 34 or other non-system device.” The reference also teaches “It is
`
`understood that the present invention can take many forms and embodiments. The
`
`embodiments shown herein are intended to illustrate rather than to limit the invention, it_
`
`being appreciated that variations may be made without departing from the spirit of the
`
`scope of the invention. For example, the system 10 may be implemented using
`
`alternativeelectronic components, rather than as herein described. Further, it will be
`
`appreciated that different elementslof the system may be embodied as a single
`
`integrated chip, or-any varying combination of discrete digital or analog components
`
`’
`
`interconnected in a standard manner. The system may be used to supply power to a
`
`variety of devices other than components of a computer system. Examples include,
`
`inter alia, lighting devices, consumer electronic products such as stereos, players, cable
`
`TV arrangements, ‘and other systems.”, col.7, lines 65 thru col.8, lines 14. Thereby the
`
`reference teaches that additional groups of the receptacles
`
`be added and formed
`
`as being separately controlled as being the intelligent power section. (and in network
`
`communication with the plurality of intelligent power sections disposed in the vertical
`
`strip enclosure, whereby a user of the external power manager may control power
`
`provided to selectable ones of said plurality of power outputs.) Although, the reference
`teaches the external power manager which is a hardware device, Fig.1, element 14,
`
`A which is used to control power provided to selectable ones of plurality of power outputs
`
`IPR page 9
`
`
`
`Application/Control Number: 09/930,780
`Art Unit: 2154
`-
`
`Page 9
`
`as stated in col. 6,, lines 15-54, and although the hardware functionality of the device
`
`Fig.1, element can be‘ implemented as being carried out by the software, since the claim
`
`includes external power manager application, the external power manager application is
`
`interpreted as being exclusively a software and its relevant hardware and as such, the
`
`reference explicitly fails to teach an external power manager application . The
`
`reference Lovrenich teaches “a computer interface that is capable of providing an
`
`unlimited number of addressable multiplexed output ports to interface with remote
`
`peripheral devices, wherein the remote peripheral devices need not have inherent
`
`’ addressing circuitry, and wherein the computer interface can be inexpensively
`
`manufactured.” In col. 3, lines 8-14. (an external power manager application external to
`
`the vertical strip enclosure ) The reference also teaches “The extentof the functions
`
`which can be performed depend on the capabilities of the device.", col. 6, lines 50-51.
`
`Therefore, it would have been obvious to one having ordinary skill in the art at the time
`
`of invention was made to enhance the functionality of the power strip of Schreiber by
`
`adding the interface of Lovrenich such that the programming aspect of the hardware
`
`device of Schreiber is replaced and carried out by the interface of Lovrenich because
`
`-
`
`the reference Lovrenich has disclosed that “the extent of the functions which can be
`
`performed depend on the capabilities of the device.”
`
`Referring to claim 15,
`
`Keeping in mind the teachings of the reference Schreiber as stated above, the
`
`reference fails to teach the electrical power plugstrip of claim 10 wherein the user
`
`display is in current-determining communication with all among the plurality of power
`
`IPR page 10
`
`
`
`Application/Control Number: 09/930,780
`Art Unit: 2154
`
`‘
`
`Page 10
`
`outputs through at least one current sensing device. The reference Lovrenich teaches
`
`“a computer interface that is capable of providing an unlimited number of addressable
`
`multiplexed output_ ports to interface with remote peripheral devices, wherein the remote
`
`peripheral devices need not have inherent addressing circuitry, and wherein the
`
`computer interface can be inexpensively manufactured." In col. 3, lines 8-14. The
`
`reference also teaches a digital Ammeter which can be interfaced for communication
`
`over the network in Fig.1, element 24, col. 6, lines 29-59. Therefore, it would have been
`
`obvious to one having ordinary skill in the art at the time of invention was made to
`
`enhance the functionality of the power strip of Schreiber by adding the interface and the
`
`interface-able ammeter of Lovrenich such that “The computer 32 can then signal the
`
`~voltmeter 22 (ammeter 24) to perform functions such as transmitting its present
`
`measurement (whereby a user may observe information relative to the amount of
`
`current flowing through at least one among the power input and said plurality of power
`outputs, in person or over the network), changing the scale of measurement, clearing its
`
`memories, or initiating a calibration routine. The extent of the functions which can be
`
`performed depend on the capabilities of the device. Supposing that the computer
`
`inquires the present voltage measurement from the voltmeter 22 (ammeter 24), the
`
`voltmeter 22 (ammeter 24) would then transmit a data signal which represents the
`
`measurement through the interface 30 for reception by the computer 32. After a step
`
`such as processing or storing the measurement, the computer 32 could either signal the
`
`voltmeter 22 (ammeter 24) to perform a further function or could transmit a further
`
`IPR page 11
`
`
`
`Application/Control Number: 09/930,780
`
`Art Unit: 2154
`
`Page 11
`
`»
`
`address signal in order to access another of the devices as taught by the reference
`
`Lovrenich in col. 6, lines 46-59.
`
`Referring to claims 16 and 17,
`
`As stated above, especially, the reference Schreiber teaches in col.4, lines 6-9, “The
`
`outlets 32a-32e are programmable. The outlet 32f is non-programmable and is be used
`to supply electrical power to a lamp 04 orother non-system device.” The reference
`
`also teaches “It is understood that the present invention can take many forms and
`
`embodiments. The embodiments shown herein are intended to illustrate rather than to
`
`limit the invention, .it being appreciated that variations may be made without departing
`
`from the spirit of the scope of the invention. For example, the system 10 may be
`
`implemented using alternative electronic components, rather than as herein described.
`
`Further, it will be appreciated that different elements of the system may be embodied as
`
`a single integrated chip, or any varying combination of discrete digital or analog
`
`components interconnected in a standard manner. The system may be used to supply
`
`power to a variety of devices other than components of a computer system. Examples 1
`
`include, inter alia, lighting devices, consumer electronic products such as stereos,
`
`players, cable TV arrangements, and other systerns.", col.7, lines 65 thru col.‘8, lines 14.
`
`Thereby the reference teaches that additional groups of the receptacles can be added
`
`and formed as being separately controlled as being the intelligent power section.
`
`_ However, the reference fails to teach the electrical power plugstrip of claim 13 wherein
`
`the user display isin current-determining communication with all among the plurality of
`
`1
`
`power outputs through at least one current sensing device. The reference Lovrenich
`
`IPR page 12
`
`
`
`Applicationlcontrol Number: 09/930,780
`
`Art Unit: 2154
`
`V
`
`Page 12
`
`teaches “a computer interface that_ is capable of providing an unlimited’ number of
`
`addressable multiplexed output ports to interface with remote peripheral devices,
`
`wherein the remote peripheral devices need not have inherent addressing circuitry, and
`
`wherein the computer interface can be inexpensively manufactured." In col. 3, lines 8-
`
`14. The reference also teaches a digital Ammeter which can be interfaced for
`
`communication over the network in Fig.1, element 24, col. 6, lines 29-59. Therefore, it
`
`would have been obvious to one having ordinary skill in the art at the time of invention
`
`was made to enhance the functionality of the power strip of Schreiber by adding the
`
`interface and the interface-able ammeter of Lovrenich such that “The computer 32 can
`
`then signal the voltmeter 22 (ammeter 24) to perform functions such as transmitting its
`present measurement (whereby a user may observe information relative to the amount
`
`of current flowing through at least one among the power input and said plurality of
`
`power outputs, in gerson or over the network), changing the scale of measurement,
`
`clearing its memories, or initiating a calibration routine. The extent of the functions
`
`which can be performed depend on the capabilities of the device. Supposing that the
`
`computer inquires the present voltage measurement from the voltmeter 22 (ammeter
`
`24), the voltmeter 22 (ammeter 24) would then transmit a data signal which represents
`
`the measurement through the interface 30 for reception by the computer 32. _After a
`
`step such as processing or storing the measurement, the computer 32 could either
`
`signal the voltmeter 22 (ammeter 24) to perform a further function or could transmit a
`
`further address signal in order to access another of the devices as taught by the
`
`reference Lovrenich in col. 6, lines 46-59, and the reference Lovrenich has disclosed
`
`IPR page 13
`
`
`
`Application/Control Number: 09/930,780
`
`Page 13
`
`Art Unit: 2154
`
`that “the extent of the functions which can be performed depend on the capabilities of
`
`the device."
`
`Referring to claims 18 .19 ,20, 21, 22 and 23, '
`
`The reference Schreiber teaches in col.4, lines 6-9, ‘The outlets 32a-32e are
`
`programmable. The outlet 32f is non-programmable and is be‘ used to supply electrical
`
`power to a lamp 34 or other non-system device." The reference also teaches ‘‘It is
`
`understood that the present invention can take many forms and embodiments. The
`
`embodiments shown herein are intended to illustrate rather than to limit the invention. it
`
`being appreciated that variations may be made without departing from the spirit of the
`
`scope of the invention. For example, the system 10 may be implemented using
`
`alternative electronic components, rather than as herein described. Further, it will be
`
`appreciated that different elements of the system may be embodied as a single
`
`integrated chip, or_any varying combination of discrete digital or analog components
`
`interconnected in a standard manner. The system may be used to supply power to a
`
`variety of devices other than components of a computer system. Examples include,
`
`inter alia, lighting devices. consumer electronic products such as stereos, players, cable
`
`TV arrangements. and other systems.”, co|.7, lines 65 thru col.8, lines 14. Thereby the
`
`reference impliedly teaches that additional groups of the receptacles can be added and
`
`formed as being separately controlled as being the intelligent power section. The
`
`reference also teaches the power control relays as claimed in Fig.2, elements 46a-46e
`
`and master relay 42.. (wherein said intelligent power section comprises an intelligent
`
`power module having at least one of the plurality of power control relays and the
`
`IPR page 14
`
`
`
`Application/Control Number: 09/930,780
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`Art Unit: 2154
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`V
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`Page 14
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`_ corresponding power output for such one power control relay, and the corresponding
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`power outputs for such one power control relay)
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`Referring to claim 26,
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`The reference Schreiber teaches ‘The sequence in which the switches 26c-26e are
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`actuated and the time delay between successive actuation of the switches 26c-26e are
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`stored in the memory of the microprocessor 40.(col.6, lines 36-40). The reference’
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`discloses that the microprocessor incorporated by the power strip has the capability to
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`store and execute the commands pertaining to selectable ones of plurality of power
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`outputs.(the vertical strip enclosure in network communication with the intelligent power
`section disposed in the vertical strip enclosure, whereby a user of the external power
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`manager may control power provided to selectable ones of said plurality of power
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`outputs.) Although, the reference teaches the external power manager which is a
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`hardware device, Fig.1, element 14, which is used to control power provided to
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`selectable ones of plurality of power outputs as stated in col. 6,
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`lines 15-54; and
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`although the hardware functionality of the device Fig.1, element can be implemented as
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`being carried out by the software, since the claim includes external power manager
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`"application, the external power manager application is interpreted as being exclusively
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`a software and its relevant hardware and as such, the reference explicitly fails to teach
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`an external powermanager application . The reference Lovrenich teaches “a computer
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`interface that is capable of providing an unlimited number of addressable multiplexed
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`output ports to interface with remote peripheral devices, wherein the remote peripheral
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`devices need not have inherent addressing circuitry, and wherein the computer
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`IPR page 15
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`Application/Control Number: 09/930,780
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`Page 15
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`Art Unit: 2154
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`interface can be inexpensively manufactured." In col. 3, lines 8-14. The reference also
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`teaches “The extent of the functions which can be performed depend on the capabilities
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`of the device.", col. 6, lines 50-51. Therefore, it would have been obvious to one having
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`ordinary skill in the art at the time of invention was made to enhance the functionality of
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`the power strip of $chreiber by adding the interface of Lovrenich such that the
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`programming aspect of the hardware device of Schreiber is replaced and carried out by
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`the interface of Lovrenich because the reference Lovrenich has disclosed that “the
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`extent of the functions which can be performed depend on the capabilities of the
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`device.”
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`Referring to claim 28,
`The reference Schreiber teaches in co|.4, lines 6-9, “The outlets 32a-32e are
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`programmable. The outlet 32f is non—programmable and is be used to supply electrical
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`power to a lamp 34 or other non-system device.” The reference also teaches “it is
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`understood that the present invention can take many forms and embodiments. The
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`embodiments shown herein are intended to illustrate rather than to limit the invention, it
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`being appreciated that variations may be made without departing from the spirit of the
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`scope of the invention. For example, the system 10 may be implemented using
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`alternative electronic components, rather than as herein described. Further, it will be
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`appreciated that different elements of the system may be embodied as a single
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`integrated chip, or any varying combination of discrete digital or analog components
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`interconnected in a standard manner. The system may be used to supply power to a
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`variety of devices other than components of a computer system. Examples include,
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`IPR page 16
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`Application/Control Number: 09/930,780
`Art Unit: 2154
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`-
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`Page 16
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`inter alia, lighting devices, consumer electronic products such as stereos, players, cable
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`TV arrangements, and other systems.", col.7, lines 65 thru co|.8, lines 14. Thereby the
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`reference teaches that additional groups of the receptacles can be added and formed
`as being separately controlled as being the intelligent power section. (and in network
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`communication with the plurality of intelligent power sections disposed in the vertical
`. strip enclosure, whereby a user of the external power manager may control power
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`provided to selectable ones of said plurality of power outputs.) Although, the reference
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`teaches the external power manager which is a hardware device, Fig.1, element 14,
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`which is used to control power provided to selectable ones of plurality of power outputs
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`as stated in col. 6,
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`lines 15-54, and although the hardware functionality of the device
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`mFig.1, element can be implemented as being carried out by the software, since the claim
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`includes external power manager application, the external power manager application is
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`interpreted as being exclusively a software and its relevant hardware and as such, the
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`reference explicitly fails to teach an external power manager application . The
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`reference Lovrenich teaches "a computer interface that is capable of providing an
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`unlimited number of addressable multiplexed output ports to interface with remote
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`peripheral devices, wherein the remote peripheral devices need not have inherent
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`addressing circuitry, and wherein the computer interface can be inexpensively
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`manufactured.” in col. 3, lines 8-14. (an external power manager application external to
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`the vertical strip enclosure ) The reference also teaches “The extent of the functions
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`which can be performed depend on the capabilities of the device.", col. 6, lines 50-51.
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`Therefore, it would have been obvious to one having ordinary skill in the art at the time
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`IPR page 17
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`Application/Control Number: O9/930.780
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`Art Unit: 2154
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`'
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`Page 17
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`of invention was made to enhance the functionality of the power strip of Schreiber by
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`adding the interface of Lovrenich such that the programming aspect of the hardware
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`device of Schreiber is replaced and carried out by the interface of Lovrenich because
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`the reference Lovrenich has disclosed that “the extent of the functions which can be
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`performed depend on the capabilities of the device.”
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`Claim Rejections - 35 USC § 102
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`6.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —(b) the invention was patented or described in a printed
`publication in this or a foreign country or in public use