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 § 103
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 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 1-4, 6-7, 9-13, & 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Fleischer (NPL "New Concept for Medium Voltage Gas Insulated Switchgear") in view of Piemontesi et al. (NPL “Sorption of SF6 and SF6 decomposition products by activated alumina and molecular sieve 13X”) in further view of Owens et al. (NPL "Recent Development of Two Alternative Gases to SF6 for High Voltage Electrical Power Applications").
Regarding Claim 1, Fleischer discloses a switchgear (i.e. medium voltage gas insulated switchgear) comprising a sealed tank enclosing electrical components and being filled with a dielectric gas (i.e. hermetic encapsulation of all live parts in SF6 gas filled enclosures) including CO2, the tank also enclosing a desiccant (i.e. desiccant bags are fitted in each container to absorb original enclosed moisture from the components) (Page 1 & 3).
Fleischer does not explicitly disclose that the dielectric gas includes CO2 and that the desiccant is an activated alumina desiccant.
Piemontesi teaches that the desiccant is an activated alumina desiccant (Abstract; Page 828-830).
Fleischer in view of Piemontesi does not explicitly disclose that the dielectric gas includes CO2.
Owens teaches that the dielectric gas includes CO2 (i.e. 95% CO2 - 5% Novec 4710) (Abstract; Table 2, 4; Fig. 3, 6; Page 7).
Piemontesi teaches that it is well known in the art of gas insulated switchgears to use activated alumina as a desiccant which is a “traditional” adsorber used to remove humidity and control the humidity level inside the tank and maintain proper function. Fleischer discloses including desiccant bags inside the switchgear enclosure/tank for the same purpose, but is silent on specific desiccant materials. It would have been obvious to one skilled in the art to use activated alumina as the desiccant in Fleischer, as taught by Piemontesi, in order to remove humidity and control the humidity level inside the switchgear tank and maintain proper function. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Owens teaches that it is well known in the art of gas insulated switchgears to use CO2 as the dielectric gas inside the switchgear tank in order to properly insulate the switchgear and related components while also reducing the environmental impact by replacing SF6 due to its high global warming potential (GWP) as the most potent greenhouse gas. Fleischer discloses that SF6 is used as the dielectric gas. It would have been obvious to one skilled in the art to replace SF6 with CO2 in Fleischer, as taught by Owens, in order to properly insulate the switchgear and related components while also reducing the environmental impact. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding Claim 2, Fleischer does not explicitly disclose that the activated alumina desiccant is in the form of beads.
Piemontesi teaches that the activated alumina desiccant is in the form of beads (i.e. spherules) (Page 828).
Piemontesi teaches that it is well known in the art of gas insulated switchgears to use activated alumina in the form of beads or spherules as a desiccant which is a “traditional” adsorber used to remove humidity and control the humidity level inside the tank and maintain proper function. Fleischer discloses including desiccant bags inside the switchgear enclosure/tank for the same purpose, but is silent on specific desiccant materials or shapes. It would have been obvious to one skilled in the art to use activated alumina in the form of beads or spherules as the desiccant in Fleischer, as taught by Piemontesi, in order to remove humidity and control the humidity level inside the switchgear tank and maintain proper function. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Furthermore, the court held that the configuration/shape of the claimed structure was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration/shape of the claimed container was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)
Regarding Claim 3, Fleischer does not explicitly disclose that the beads have a diameter of about 3/16 of an inch.
Piemontesi teaches that the beads have a diameter of about 3/16 of an inch (i.e. 2-5 mm (4.76 mm ≈ 3/16 of an inch)) (Page 828).
Piemontesi teaches that it is well known in the art of gas insulated switchgears to use activated alumina in the form of beads or spherules as a desiccant which is a “traditional” adsorber used to remove humidity and control the humidity level inside the tank and maintain proper function. Piemontesi also teaches that the beads/spherules have an average diameter in a range of 2-5 mm where 4.76 mm would equal about 3/16 of an inch. Fleischer discloses including desiccant bags inside the switchgear enclosure/tank for the same purpose, but is silent on specific desiccant materials, shapes, or sizes. It would have been obvious to one skilled in the art to use activated alumina in the form of beads or spherules with a diameter of about 3/16 of an inch as the desiccant in Fleischer, as taught by Piemontesi, in order to remove humidity and control the humidity level inside the switchgear tank and maintain proper function. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Also, such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding Claim 4, Fleischer discloses that the desiccant is enclosed in a bag (i.e. desiccant bags) (Page 3). Regarding the desiccant being in the form of beads, see the rejection of Claim 2 on which the present claim depends.
Regarding Claim 6, Fleischer in view of Piemontesi does not explicitly disclose that the dielectric gas includes a perfluoroisobutyronitrile.
Owens teaches that the dielectric gas includes a perfluoroisobutyronitrile (i.e. 5% Novec 4710) (Abstract; Table 2, 4; Fig. 3, 6; Page 7).
Owens teaches that it is well known in the art of gas insulated switchgears to include perfluoroisobutyronitrile, otherwise known as Novec 4710, in the dielectric gas inside the switchgear tank in order to properly insulate the switchgear and related components while also reducing the environmental impact by replacing SF6 due to its high global warming potential (GWP) as the most potent greenhouse gas. Fleischer discloses that SF6 is used as the dielectric gas. It would have been obvious to one skilled in the art to replace SF6 with CO2 and perfluoroisobutyronitrile in Fleischer, as taught by Owens, in order to properly insulate the switchgear and related components while also reducing the environmental impact. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding Claim 7, Fleischer in view of Piemontesi does not explicitly disclose that the dielectric gas is a blended CO2 - NovecTM 4710 dielectric gas.
Owens teaches that the dielectric gas is a blended CO2 - NovecTM 4710 dielectric gas (i.e. 95% CO2 - 5% Novec 4710) (Abstract; Table 2, 4; Fig. 3, 6; Page 7).
Owens teaches that it is well known in the art of gas insulated switchgears to use a blend of CO2 and Novec 4710 as the dielectric gas inside the switchgear tank in order to properly insulate the switchgear and related components while also reducing the environmental impact by replacing SF6 due to its high global warming potential (GWP) as the most potent greenhouse gas. Fleischer discloses that SF6 is used as the dielectric gas. It would have been obvious to one skilled in the art to replace SF6 with a blend of CO2 and Novec 4710 in Fleischer, as taught by Owens, in order to properly insulate the switchgear and related components while also reducing the environmental impact. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding Claim 9, Fleischer discloses that the electrical components are electrical disconnect switches, fuses and/or circuit breakers (i.e. circuit breakers & disconnect switch) (Page 1-4).
Regarding Claim 10, Fleischer discloses that the tank is a steel tank (i.e. seam-welded chrome-nickel-steel container) (Page 1).
Regarding Claim 11, Fleischer discloses that the switchgear is medium-voltage switchgear (i.e. medium voltage gas insulated switchgear) (Page 1).
Regarding Claim 12, Fleischer discloses a switchgear (i.e. medium voltage gas insulated switchgear) comprising a sealed tank enclosing electrical components and being filled with a dielectric gas (i.e. hermetic encapsulation of all live parts in SF6 gas filled enclosures), the tank also enclosing a desiccant enclosed in a bag (i.e. desiccant bags are fitted in each container to absorb original enclosed moisture from the components) (Page 1 & 3).
Fleischer does not explicitly disclose that the dielectric gas is a blended CO2- NovecTM 4710 dielectric gas and that the desiccant is activated alumina beads.
Piemontesi teaches that the desiccant is activated alumina beads (i.e. spherules) (Abstract; Page 828-830).
Fleischer in view of Piemontesi does not explicitly disclose that the dielectric gas is a blended CO2- NovecTM 4710 dielectric gas.
Owens teaches that the dielectric gas is a blended CO2- NovecTM 4710 dielectric gas (i.e. 95% CO2 - 5% Novec 4710) (Abstract; Table 2, 4; Fig. 3, 6; Page 7).
Piemontesi teaches that it is well known in the art of gas insulated switchgears to use activated alumina in the form of beads or spherules as a desiccant which is a “traditional” adsorber used to remove humidity and control the humidity level inside the tank and maintain proper function. Fleischer discloses including desiccant bags inside the switchgear enclosure/tank for the same purpose, but is silent on specific desiccant materials or shapes. It would have been obvious to one skilled in the art to use activated alumina in the form of beads or spherules as the desiccant in Fleischer, as taught by Piemontesi, in order to remove humidity and control the humidity level inside the switchgear tank and maintain proper function. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Furthermore, the court held that the configuration/shape of the claimed structure was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration/shape of the claimed container was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)
Owens teaches that it is well known in the art of gas insulated switchgears to use a blend of CO2 and Novec 4710 as the dielectric gas inside the switchgear tank in order to properly insulate the switchgear and related components while also reducing the environmental impact by replacing SF6 due to its high global warming potential (GWP) as the most potent greenhouse gas. Fleischer discloses that SF6 is used as the dielectric gas. It would have been obvious to one skilled in the art to replace SF6 with a blend of CO2 and Novec 4710 in Fleischer, as taught by Owens, in order to properly insulate the switchgear and related components while also reducing the environmental impact. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding Claim 13, Fleischer does not explicitly disclose that the beads have a diameter of about 3/16 of an inch.
Piemontesi teaches that the beads have a diameter of about 3/16 of an inch (i.e. 2-5 mm (4.76 mm ≈ 3/16 of an inch)) (Page 828).
Piemontesi teaches that it is well known in the art of gas insulated switchgears to use activated alumina in the form of beads or spherules as a desiccant which is a “traditional” adsorber used to remove humidity and control the humidity level inside the tank and maintain proper function. Piemontesi also teaches that the beads/spherules have an average diameter in a range of 2-5 mm where 4.76 mm would equal about 3/16 of an inch. Fleischer discloses including desiccant bags inside the switchgear enclosure/tank for the same purpose, but is silent on specific desiccant materials, shapes, or sizes. It would have been obvious to one skilled in the art to use activated alumina in the form of beads or spherules with a diameter of about 3/16 of an inch as the desiccant in Fleischer, as taught by Piemontesi, in order to remove humidity and control the humidity level inside the switchgear tank and maintain proper function. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Also, such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding Claim 16, Fleischer discloses that the electrical components are electrical disconnect switches, fuses and/or circuit breakers (i.e. circuit breakers & disconnect switch) (Page 1-4).
Regarding Claim 17, Fleischer discloses that the tank is a steel tank (i.e. seam-welded chrome-nickel-steel container) (Page 1).
Regarding Claim 18, Fleischer discloses that the switchgear is medium-voltage switchgear (i.e. medium voltage gas insulated switchgear) (Page 1).
Claims 5 & 14 are rejected under 35 U.S.C. 103 as being unpatentable over Fleischer (NPL "New Concept for Medium Voltage Gas Insulated Switchgear") in view of Piemontesi et al. (NPL “Sorption of SF6 and SF6 decomposition products by activated alumina and molecular sieve 13X”) and Owens et al. (NPL "Recent Development of Two Alternative Gases to SF6 for High Voltage Electrical Power Applications"), as applied to Claim 2 above, in further view of Evans et al. (WIPO Patent Application Publication # WO2001026782).
Regarding Claim 5, Fleischer in view of Piemontesi & Owens does not explicitly disclose that the bag is a polyester fabric bag.
Evans teaches the bag is a polyester fabric bag (Page 1, line 18-20 & 25-26; Page 9, line 29-32; Page 11, line 2-5).
Evans teaches that it is well known in the art of desiccant bags to use polyester as the material that makes up the bags. Fleischer is silent on the particular material used for the desiccant bags. It would have been obvious to one skilled in the art to use polyester as the material for the desiccant bags of Fleischer, as taught by Evans, since it is an inexpensive material and would help keep costs to a minimum. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416
Regarding Claim 14, Fleischer in view of Piemontesi & Owens does not explicitly disclose that the bag is a polyester fabric bag.
Evans teaches the bag is a polyester fabric bag (Page 1, line 18-20 & 25-26; Page 9, line 29-32; Page 11, line 2-5).
Evans teaches that it is well known in the art of desiccant bags to use polyester as the material that makes up the bags. Fleischer is silent on the particular material used for the desiccant bags. It would have been obvious to one skilled in the art to use polyester as the material for the desiccant bags of Fleischer, as taught by Evans, since it is an inexpensive material and would help keep costs to a minimum. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416
Claims 8 & 15 are rejected under 35 U.S.C. 103 as being unpatentable over Fleischer (NPL "New Concept for Medium Voltage Gas Insulated Switchgear") in view of Piemontesi et al. (NPL “Sorption of SF6 and SF6 decomposition products by activated alumina and molecular sieve 13X”) and Owens et al. (NPL "Recent Development of Two Alternative Gases to SF6 for High Voltage Electrical Power Applications"), as applied to Claim 2 above, in further view of 3M (3MTM Novec™ 4710 Insulating Gas Technical Data Sheet).
Regarding Claim 8, Fleischer in view of Piemontesi & Owens does not explicitly disclose that the dielectric gas is 87% CO2 and 13% NovecTM 4710.
3M teaches that the dielectric gas is 87% CO2 and 13% NovecTM 4710 (i.e. 5-20 % Novec 4710 in CO2) (Page 5).
3M teaches that it is well known in the art of dielectric gases Novec 4710 in CO2 to have a percentage composition of the blend be 5-20 % Novec 4710 which would include the claimed composition of 87% CO2 and 13% NovecTM 4710. Owens teaches a 95% CO2 - 5% Novec 4710 blend. However, it would have been obvious to one skilled in the art to adjust the composition to be 87% CO2 and 13% NovecTM 4710 in Fleischer modified by Owens, as taught by 3M, in order to adjust the dielectric breakdown voltage. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding Claim 15, Fleischer in view of Piemontesi & Owens does not explicitly disclose that the dielectric gas is 87% CO2 and 13% NovecTM 4710.
3M teaches that the dielectric gas is 87% CO2 and 13% NovecTM 4710 (i.e. 5-20 % Novec 4710 in CO2) (Page 5).
3M teaches that it is well known in the art of dielectric gases Novec 4710 in CO2 to have a percentage composition of the blend be 5-20 % Novec 4710 which would include the claimed composition of 87% CO2 and 13% NovecTM 4710. Owens teaches a 95% CO2 - 5% Novec 4710 blend. However, it would have been obvious to one skilled in the art to adjust the composition to be 87% CO2 and 13% NovecTM 4710 in Fleischer modified by Owens, as taught by 3M, in order to adjust the dielectric breakdown voltage. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Fleischer (NPL "New Concept for Medium Voltage Gas Insulated Switchgear") in view of Piemontesi et al. (NPL “Sorption of SF6 and SF6 decomposition products by activated alumina and molecular sieve 13X”).
Regarding Claim 19, Fleischer discloses a switchgear (i.e. medium voltage gas insulated switchgear) comprising a sealed tank enclosing electrical components and being filled with a dielectric gas (i.e. hermetic encapsulation of all live parts in SF6 gas filled enclosures), the tank also enclosing a desiccant (i.e. desiccant bags are fitted in each container to absorb original enclosed moisture from the components) (Page 1 & 3).
Fleischer does not explicitly disclose that the desiccant is an activated alumina desiccant.
Piemontesi teaches that the desiccant is an activated alumina desiccant (Abstract; Page 828-830).
Piemontesi teaches that it is well known in the art of gas insulated switchgears to use activated alumina as a desiccant which is a “traditional” adsorber used to remove humidity and control the humidity level inside the tank and maintain proper function. Fleischer discloses including desiccant bags inside the switchgear enclosure/tank for the same purpose, but is silent on specific desiccant materials. It would have been obvious to one skilled in the art to use activated alumina as the desiccant in Fleischer, as taught by Piemontesi, in order to remove humidity and control the humidity level inside the switchgear tank and maintain proper function. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding Claim 20, Fleischer does not explicitly disclose that the activated alumina desiccant is in the form of beads.
Piemontesi teaches that the activated alumina desiccant is in the form of beads (i.e. spherules) (Page 828).
Piemontesi teaches that it is well known in the art of gas insulated switchgears to use activated alumina in the form of beads or spherules as a desiccant which is a “traditional” adsorber used to remove humidity and control the humidity level inside the tank and maintain proper function. Fleischer discloses including desiccant bags inside the switchgear enclosure/tank for the same purpose, but is silent on specific desiccant materials or shapes. It would have been obvious to one skilled in the art to use activated alumina in the form of beads or spherules as the desiccant in Fleischer, as taught by Piemontesi, in order to remove humidity and control the humidity level inside the switchgear tank and maintain proper function. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Furthermore, the court held that the configuration/shape of the claimed structure was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration/shape of the claimed container was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)
Relevant Cited Art
The cited art in PTO-892 was found during the examiner's search, but was not relied upon for this office action. However, it is still considered pertinent to the applicant's disclosure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RHADAMES J ALONZO MILLER whose telephone number is (571)270-7829. The examiner can normally be reached Mon-Fri 10am-6pm PST.
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/RJA/Examiner, Art Unit 2847
/TIMOTHY J THOMPSON/Supervisory Patent Examiner, Art Unit 2847
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