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 Rejections - 35 USC § 102
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.
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.
Claims 1-2,4-7,10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ward [US 2005/0168308].
Claim 1, Ward discloses a compact electromagnetic push switch assembly [figures 5 and 6], comprising: a switch section configured to initiate pressing operation; an operating member [30] attached to said switch section configured to project and retract with respect to the switch section, wherein said operating member further comprises: a primary rod structure [20], a secondary rod structure [122], and a spring [24] connecting the primary rod structure and the secondary rod structure; an electromagnetic coil [16] connected to the secondary rod structure and configured to attract and hold said primary rod structure with the secondary rod structure in same position when once the operating member gets depressed due to a pressing operation of the switch section until the power is cut [paragraph 0029]; and a control unit configured to enable power supply to the electromagnetic coil for energizing the coil once the switching contacts get closed [inherent to provide the pull-in current required for operation; paragraph 0029], wherein said compact electromagnetic push switch assembly is directly fixed to a panel [10] without using additional mounting elements [figures 5 and 6].
Claim 2, Ward discloses the compact electromagnetic push switch assembly as recited in claim 1, wherein the switch section regains its original position in case of power cut [paragraph 0029].
Claim 4, Ward discloses the compact electromagnetic push switch assembly as recited in claim 1, wherein the operating member [30] is movable with respect to the switch section and aids in regaining its original position [paragraph 0029].
Claim 5, Ward discloses the compact electromagnetic push switch assembly as recited in claim 1, wherein the electromagnetic coil [16] is mounted at bottom part of the switch section [figures 5 and 6] and is adapted to be modified based on manufacturing of said switch section [paragraph 0029]. It has been held that the recitation that the element is “adapted to” perform a function is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patentable sense. In re Hutchison, 69 USPQ 138.
Claim 6, Ward discloses the compact electromagnetic push switch assembly as recited in claim 1, wherein the compact electromagnetic push switch assembly is also utilized as auto controls that include Normally Closed (NC) whenever power is supplied and Normally Open (NO) whenever power supply is stopped [paragraph 0029].
Claim 7, Ward discloses the compact electromagnetic push switch assembly as recited in claim 1, wherein the electromagnetic coil is used in normal domestic switches such as one-way electrical switch, two-way electrical switch [residual current devices, circuit breakers, relays, etc.; paragraph 0001].
Claim 10, Ward discloses the compact electromagnetic push switch assembly as recited in claim 1, wherein the compact electromagnetic push switch assembly replaces relays with 1 Amp to 40 Amp and provide a push switch that can be designed to operate with any required voltage and Amps with AC or DC supply [paragraph 0001].
Response to Arguments
Applicant's arguments filed 10/23/2025 have been fully considered but they are not persuasive.
Note: Claims 12-19 filed 08/06/2024 are considered to be canceled although they are not mentioned in the response filed 09/17/2024, 03/21/2025 nor 10/23/2025. In future correspondence, please identify the status of claims 12-19 as canceled.
Applicant contends that the instant application has distinguishing features over the applied prior art Ward.
Regarding Claim 1, Applicant has as presented in tabular form in pages 5-6 of the response, a list of the alleged difference between the instant application and Ward mainly the coil function, spring reset, mounting design, application range and control circuitry.
In response regarding the coil function, the coil of Ward also maintains the switch in the ON position as long as power is present, automatically resetting the switch upon loss of power as described in paragraph 0018 [Ward]. Figure 1, shows the switch in the OFF position, which is accomplished when no or negligible current flowing in the winding (which would occur in the event of power loss) allowing the springs to move the switch to the OFF position. Applicant is remined that a comprising claim does not limit the scope of the claim to what is written, just requires the limitation be part of the disclosure. As disclosed by Ward, a loss of power would allow the spring to reset the switch to the OFF position as shown in figure 1.
In response regarding the spring reset, the spring of Ward moves the switch to the OFF position as shown in figure 1 (see paragraph 0018) and therefore meets the claim limitation.
In response regarding the mounting design, it is unclear how the device of Ward having a base or a terminal precludes it from being mounted onto a panel. Ward discloses that the compact electromagnetic push switch assembly is directly fixed to a panel [10] without using additional mounting elements [figures 5 and 6].
In response regarding the application range, it is noted that the features upon which applicant relies (i.e., an operating range of 1A-40A) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response regarding the control circuitry, paragraph 0029 of Ward discloses the operation of the switch, which requires selectively providing and removing current from the coil to actuate the switch. This inherently requires a type of controller to provide the pull-in current required for operation.
Regarding Claim 2, Applicant states that power loss alone triggers reset.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that power loss alone triggers reset) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). As disclosed by Ward, the switch is automatically reset upon loss of power as described in paragraph 0018.
Regarding claim 4, Applicant states that Ward does not teach or suggest any physical structure composed of a primary rod, secondary rod, and spring arranged to act as an integrated operating member that projects and retracts.
In response, as disclosed in paragraph 0018 of Ward, in that case the plungers 20, 22 are held apart by their respective springs 24, 26 with a substantial air gap 32 between them as shown in figure 1.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bernard Rojas whose telephone number is (571)272-1998. The examiner can normally be reached Mon. thru Fri. 7:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shawki S Ismail can be reached on (571) 272-3985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BERNARD ROJAS/Primary Examiner, Art Unit 2837