DETAILED ACTION
Response to Arguments
Applicant's arguments filed 08/13/2026 have been fully considered but they are not persuasive.
The applicant argues that “As now amended, claim 1 further expressly recites that the movable contact is directly coupled to the mating interface of the mating portion of the input contact in both switching positions, is directly coupled to the mating interface of the mating portion of the first output contact in the first mated position, and is directly coupled to the mating interface of the mating portion of the second output contact in the second mated position. These amendments further distinguish the claimed invention from Kalb.”
This argument is not persuasive because claim 1 recites different limitations than what is argued. Specifically, claim 1 recites: “…movable contact being directly coupled to the input contact…”, not to the mating portion or interface as argued by the applicant. This argument also applies to the first and second output contacts discussed in the remarks made by the applicant. The prior art teaches what is being argued by the applicant in the remarks, however, since the claim limitations are different than what is being argued, the arguments are considered moot.
The newly added claim language is not supported by the originally filed disclosure because there does not appear to be direct coupling between the movable contact and any of the three fixed contacts shown in the drawings, or described in the specification. There is also no clear definition of the term “directly coupled”. For this reason, the examiner interprets “directly coupled” to mean that there are no other structures present between the two structures that are in directly coupled.
Claims 14 and 27 similarly lack support for the newly added claim language directed to direct coupling.
It appears that the applicant is trying to claim the structure that is being argued in the remarks, where coupling is direct with the mating interfaces of the mating portions. This is how the claim is interpreted in the rejection in view of the prior art. The prior art teaches this structure.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-27 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In re claim 1, there is no clear written description, and thus support, of: “the mating interface of the mating portion of the input contact” claim language that is newly added. Only mating interface 228 and mating portion 220 of the output contact appears to be mentioned in and supported by the disclosure. Appropriate correction is required.
In re claim 1, there is no clear written description of: “…the movable contact being directly coupled to the input contact…”, “…the movable contact being directly coupled to the first output contact…”, and “…the movable contact being directly coupled to the second output contact…”. Only indirect coupling between the movable contact and input/output contacts through other structures is disclosed. Appropriate correction is required.
In re claim 14, there is no clear written description of: “…the first contact portion being directly coupled to the first output contact at the mating interface of the mating portion of the first output contact in the first mated position, the second contact portion being directly coupled to the second output contact at the mating interface of the mating portion of the second output contact in the second mated position, the third contact portion being directly coupled to the input contact at the mating interface of the mating portion of the input contact…”. Only indirect coupling between the contact portions and the input/output contact through other structures is disclosed. Appropriate correction is required.
In re claim 27, there is no clear written description of direct coupling between the movable contacts and the input or output contacts on either the left or right side, in the same way as discussed with respect to claims 1 and 14 above. Only indirect coupling through other structures is disclosed. Appropriate correction is required.
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(s) 1-8, 10-21, and 23-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kalb (US 5949315) in view of Baba et al. (US 5679935) and Niimi (US 8310323).
In re claim 1, Kalb, in figures 1-4, discloses a relay comprising: fixed contacts, the fixed contacts include an input contact, a first output contact, and a second output contact (labeled with + and – in the figures), the input contact receiving an input from a source (the device is inherently capable of receiving an input from a source); each fixed contact including a mating portion (in the vicinity of 22-25) and a terminating portion (away from 22-25 and in the vicinity of + and – labels), the mating portion having a mating interface (22-25), the mating and terminating portions of the fixed contact being fixed in position (as shown in figures 1-3), a relay actuator, the relay actuator including a plunger (4,5) movable in a linear actuation direction between a retracted position and an advanced position; a movable contact coupled to the plunger and movable with the plunger between a first mated position corresponding to the retracted position and a second mated position corresponding to the advanced position (shown in figures 2-3), the movable contact being directly coupled to the input contact at the mating interface of the mating portion of the input contact in both the first mated position and the second mated position (in the same way as disclosed by the applicant), the movable contact being directly coupled to the first output contact at the mating interface of the mating portion of the first output contact (in the same way as disclosed by the applicant) to the first output contact and being disconnected from the second output contact in the first mated position to connect the first output contact to the input from the source, the movable contact being directly coupled to the second output contact at the mating interface of the mating portion of the second output contact (in the same way as disclosed by the applicant), and being disconnected from the first output contact in the second mated position to connect the second output contact to the input from the source (inherent functionality of the shown structure). Kalb does not explicitly show a housing having a wall defining a cavity or the terminating portion being coupled to a wire. Baba however, in figures 1-10, teaches a similar device having a housing (including structures 52 and 62) with a wall defining a cavity (as best seen in figure 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have positioned the device of Kalb in a housing as taught by Baba in order to provide environmental protection for the device. Niimi teaches a switching device having terminating portions of fixed contacts being coupled to wires (12-13). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have coupled the terminating portions of Kalb/Baba to wires as taught by Niimi to connect the relay to an external device.
In re claim 2, Kalb, in figures 1-4, discloses that the input contact and the first output contact create a first circuit in the retracted position and wherein the input contact and the second output contact create a second circuit in the advanced position (inherent function of the shown structure).
In re claim 3, Kalb, in figures 1-4, discloses that the movable contact includes a flex member (10 or 11) connected to the input contact, the flex member being flexible to move with the movable contact between the first mated position and the second mated position.
In re claim 4, Kalb, in figures 1-4, discloses that the plunger is moved vertically in the linear actuation direction (as shown in figures 2-3).
In re claim 5, Kalb, in figures 1-4, discloses that the movable contact includes a contact plate (6 or 7) extending between a first end and a second end, the movable contact including a first contact tab (8 or 9) at the first end configured to engage the first output contact in the first mated position, the movable contact including a second contact tab (8 or 9; two tabs are positioned on opposite sides of the plate) at the second end configured to engage the second output contact in the second mated position (as shown in figures 2-3).
In re claim 6, Kalb, in figures 1-4, discloses that the first contact tab is upward facing and the second contact tab is downward facing (as shown in the figures, see figure 1 for best view).
In re claim 7, Kalb, in figures 1-4, discloses that first output contact is located above the contact plate and the second output contact is located below the contact plate, the movable contact movable vertically between the first mated position and the second mated position to interface with the first output contact and the second output contact, respectively (as best seen in figure 1).
In re claim 8, Kalb, in figures 1-4, discloses that the movable contact includes a flex member (10 or 11) coupled to a central portion of the contact plate, the flex member being flexible to move with the contact plate as the contact plate is moved between the first and second mated positions.
In re claim 10, Kalb, in figures 1-4, discloses that the contact plate is oriented perpendicular to the linear actuation direction (as seen in the figures).
In re claim 11, Kalb modified by Baba discloses that the housing includes a base, the fixed contacts extending from the base (as shown by Baba), the plunger and the movable contact being movable relative to the base in the linear actuation direction (inherent function of the device).
In re claim 12, Kalb modified by Baba discloses that the first output contact has a first interface at a first distance from the base and the second output contact has a second interface at a second distance from the base, the second distance being different than the first distance (Kalb structure positioned in a housing with a base inherently has different distances between the base and the output contacts in the moving direction of the plunger).
In re claim 13, Kalb, in figures 1-4, discloses the relay actuator includes a coil (2) wound around a magnetic core (3), the coil being energized to move the plunger from the retracted position to the advanced position (in the same way as shown by the applicant).
In re claim 14, Kalb, in figures 1-4, discloses a relay comprising: fixed contacts in the cavity, the fixed contacts include an input contact, a first output contact, and a second output contact (labeled with + and – in the figures); each fixed contact including a mating portion (in the vicinity of 22-25) and a terminating portion (away from 22-25 and in the vicinity of + and – labels), the mating portion having a mating interface (22-25), the mating and terminating portions of the fixed contact being fixed in position (as shown in figures 1-3), a relay actuator in the cavity, the relay actuator including a plunger (4,5) movable in a linear actuation direction between a retracted position and an advanced position (shown in figures 2-3); a movable contact coupled to the plunger and movable with the plunger between a first mated position corresponding to the retracted position and a second mated position corresponding to the advanced position, the movable contact having a first contact portion at a first end of the movable contact (at 8 or 9), a second contact portion at a second end of the movable contact (at 8 or 9), and a third contact portion (at 10 or 11) between the first and second contact portions, the first contact portion being directly coupled to the first output contact at the mating interface of the mating portion of the first output contact in the first mated position, the second contact portion being directly coupled to the second output contact at the mating interface of the mating portion of the second output contact in the second mated position, the third contact portion being directly coupled to the input contact at the mating interface of the mating portion of the input contact in both the first mated position and the second mated position (in the same way as disclosed by the applicant). Kalb does not explicitly show a housing having a wall defining a cavity or the terminating portion being coupled to a wire. Baba however, in figures 1-10, teaches a similar device having a housing (including structures 52 and 62) with a wall defining a cavity (as best seen in figure 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have positioned the device of Kalb in a housing as taught by Baba in order to provide environmental protection for the device. Niimi teaches a switching device having terminating portions of fixed contacts being coupled to wires (12-13). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have coupled the terminating portions of Kalb/Baba to wires as taught by Niimi to connect the relay to an external device.
In re claim 15, Kalb, in figures 1-4, discloses that the input contact and the first output contact create a first circuit in the retracted position and wherein the input contact and the second output contact create a second circuit in the advanced position (inherent function of the shown structure). With respect to the limitations directed to functional language associated with connection to a source, these limitations have not been given patentable weight because it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987). The device disclosed by the prior art is capable to be connected to a source as claimed.
In re claim 16, Kalb, in figures 1-4, discloses that the movable contact includes a flex member (10 or 11) connected to the input contact, the flex member being flexible to move with the movable contact between the first mated position and the second mated position.
In re claim 17, Kalb, in figures 1-4, discloses that the plunger is moved along an axis in the linear actuation direction, the first and second output contacts located on opposite sides of the axis (the axis passing through the middle of the contacts meets these limitations; as shown in figures 2-3).
In re claim 18, Kalb, in figures 1-4, discloses that the movable contact includes a contact plate (6 or 7) extending between a first end and a second end, the movable contact including a first contact tab (8 or 9) at the first end configured to engage the first output contact in the first mated position, the movable contact including a second contact tab (8 or 9) at the second end configured to engage the second output contact in the second mated position (as shown in figures 2-3).
In re claim 19, Kalb, in figures 1-4, discloses that the first contact tab is upward facing and the second contact tab is downward facing (as shown in the figures, see figure 1 for best view).
In re claim 20, Kalb, in figures 1-4, discloses that first output contact is located above the contact plate and the second output contact is located below the contact plate, the movable contact movable vertically between the first mated position and the second mated position to interface with the first output contact and the second output contact, respectively (as best seen in figure 1).
In re claim 21, Kalb, in figures 1-4, discloses that the movable contact includes a flex member (10 or 11) coupled to a central portion of the contact plate, the flex member being flexible to move with the contact plate as the contact plate is moved between the first and second mated positions.
In re claim 23, Kalb, in figures 1-4, discloses that the contact plate is oriented perpendicular to the linear actuation direction (as seen in the figures).
In re claim 24, Kalb modified by Baba discloses that the housing includes a base, the fixed contacts extending from the base (as shown by Baba), the plunger and the movable contact being movable relative to the base in the linear actuation direction (inherent function of the device).
In re claim 25, Kalb modified by Baba discloses that the first output contact has a first interface at a first distance from the base and the second output contact has a second interface at a second distance from the base, the second distance being different than the first distance (Kalb structure positioned in a housing with a base inherently has different distances between the base and the output contacts in the moving direction of the plunger).
In re claim 26, Kalb, in figures 1-4, discloses the relay actuator includes a coil (2) wound around a magnetic core (3), the coil being energized to move the plunger from the retracted position to the advanced position (in the same way as shown by the applicant).
In re claim 27, Kalb, in figures 1-4, discloses right side fixed contacts proximate to the right side, the right side fixed contacts include a right side input contact, a first right side output contact, and a second right side output contact (labeled with + and – in the figures on the right side); left side fixed contacts in the cavity proximate to the left side, the left side fixed contacts include a left side input contact, a first left side output contact, and a second left side output contact (labeled with + and – in the figures on the left side); each right and left side fixed contact including a mating portion (in the vicinity of 22-25) and a terminating portion (away from 22-25 and in the vicinity of + and – labels), the mating portion having a mating interface (22-25), the mating and terminating portions of the fixed contact being fixed in position (as shown in figures 1-3), a relay actuator in the cavity, the relay actuator including a plunger (4,5) movable in a linear actuation direction between a retracted position and an advanced position; a movable contact assembly coupled to the plunger and movable with the plunger between a first mated position corresponding to the retracted position and a second mated position corresponding to the advanced position, the movable contact assembly including a contact holder (part of 6 and 7 coupled to the plunger comprises the contact holder) having a base coupled to the plunger, a right side mounting arm at a right side of the contact holder, and a left side mounting arm at a left side of the contact holder (as seen in the figures), the movable contact assembly including a right side movable contact coupled to the right side mounting arm and movable with the plunger and a left side movable contact coupled to the left side mounting arm and movable with the plunger; wherein the right side movable contact is directly coupled to the right side input contact at the mating interface of the mating portion of the right side input contact in both the first mated position and the second mated position, the right side movable contact being directly coupled to the first right side output contact at the mating interface of the mating portion of the right side output contact and being disconnected from the second right side output contact in the first mated position, the right side movable contact being directly coupled to the second right side output contact at the mating interface of the mating portion of the right side output contact and being disconnected from the first right side output contact in the second mated position (in the same way as disclosed by the applicant); and wherein the left side movable contact is directly coupled to the left side input contact at the mating interface of the mating portion of the left side input contact in both the first mated position and the second mated position, the left side movable contact being directly coupled to the first left side output contact at the mating interface of the mating portion of the left side output contact and being disconnected from the second left side output contact in the first mated position, the left side movable contact being directly coupled to the second left side output contact at the mating interface of the mating portion of the left side output contact and being disconnected from the first left side output contact in the second mated position (in the same way as disclosed by the applicant). Kalb does not explicitly show a housing having a wall defining a cavity or the terminating portion being coupled to a wire. Baba however, in figures 1-10, teaches a similar device having a housing (including structures 52 and 62) with a wall defining a cavity (as best seen in figure 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have positioned the device of Kalb in a housing as taught by Baba in order to provide environmental protection for the device. Niimi teaches a switching device having terminating portions of fixed contacts being coupled to wires (12-13). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have coupled the terminating portions of Kalb/Baba to wires as taught by Niimi to connect the relay to an external device.
Claim(s) 9 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kalb (US 5949315) in view of Baba et al. (US 5679935), Niimi, and Adams et al. (US 3484729).
In re claims 9 and 22, Kalb/Baba/Niimi discloses the claimed device except for backup blades. Adams however, in figures 1-4, discloses a relay having a backup blade (78-80). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have adapted a backup blade as taught by Adams to the device of Kalb/Baba/Niimi to increase contact pressure and reduce vibrations.
Conclusion
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/Alexander Talpalatski/Primary Examiner, Art Unit 2837
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