Prosecution Insights
Last updated: October 23, 2026
Application No. 18/599,661

DISCONNECTOR AND EARTHING SWITCH WITH TELESCOPIC CONTACT

Non-Final OA §102§103
Filed
Mar 08, 2024
Priority
Mar 14, 2023 — IN 202311016938 +1 more
Examiner
DRAVININKAS, ADAM B
Art Unit
2835
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Emerson Electric Co.
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
714 granted / 955 resolved
+6.8% vs TC avg
Moderate +14% lift
Without
With
+14.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
17 currently pending
Career history
969
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
47.4%
+7.4% vs TC avg
§102
32.5%
-7.5% vs TC avg
§112
17.5%
-22.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 955 resolved cases

Office Action

§102 §103
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 . Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “switching mechanisms” found in at least claim 1, the “ must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “110” . Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections Claims 1-15 are objected to because of the following informalities: Re. claim 1: - -telescopic- - should be inserted before “disconnector blade” in lines 7 and 14. Re. claim 3: - -telescopic- - should be inserted before “disconnector blade” in line 2. Re. claim 4: - -telescopic- - should be inserted before “disconnector blade” in line 3. Re. claim 5: - -telescopic- - should be inserted before “disconnector blade” in line 2. Re. claim 7: - -telescopic- - should be inserted before “disconnector blade” in lines 3 and 4. Re. claim 9: - -telescopic- - should be inserted before “disconnector blade” in lines 2 and 3. Re. claim 10: - -telescopic- - should be inserted before “disconnector blade” in lines 2 and 3. Re. claim 11: - -telescopic- - should be inserted before “disconnector blade” in lines 2 and 3. Re. claim 12: - -telescopic- - should be inserted before “disconnector blade” twice in line 3. Re. claim 13: - -telescopic- - should be inserted before “disconnector blade” in lines 2 and 3. Appropriate correction is required. 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. Claim(s) 1-3 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US 2017/0236657 A1). Re. claim 1: Kim discloses a device comprising: one or more switching mechanisms (switchgear) configured to disconnect a power supply from a load; and one or more disconnector and earthing switches (100), each disconnector and earthing switch associated with a respective switching mechanism (160), each disconnector and earthing switch comprising a telescopic disconnector blade (140 and 150 combined) having a first end (end of 140 comprising pivot) and a second end (distal end of 150 near 162), (see fig. 1, 2; para. 0043-0053) wherein the telescopic disconnector blade is configured to pivot around the first end between three different positions, the three positions (seen in figs. 6, 8, 9) comprising: a first position (see fig. 8) in which the disconnector and earthing switch is closed and the power supply is connected to the load through the telescopic disconnector blade; (see fig. 8; para. 0089-0094) a second, isolation, position (see fig. 6) in which the disconnector and earthing switch is open and the power supply is disconnected from the load; and (see fig. 6; para. 0089-0094) a third position (fig. 9) in which the power supply is disconnected from the load and a second end of the telescopic disconnector blade is electrically connected to an earthing contact (120). (see fig. 9; para. 0089-0094) Re. claim 2: Kim discloses wherein the telescopic disconnector blade (140 and 150 combined) comprises an outer contact (140) and an inner contact (150), a portion of the inner contact arranged to slide within the outer contact.(see fig. 6, 8, 9; para. 0089-0094) Re. claim 3: Kim discloses wherein the outer contact (140) comprises the first end of the telescopic disconnector blade (end of 140 comprising pivot) and the inner contact (150) comprises the second end (distal end of 150 near 162) of the telescopic disconnector blade. (see fig. 6, 8, 9; para. 0079-0087) Re. claim 7: Kim discloses wherein the telescopic disconnector blade is configured to move between an extended state (fig. 8 and 9) and a compressed state (fig. 6), wherein the telescopic disconnector blade is in the extended state in the first position (fig. 8) and the third position (fig. 9), and wherein the telescopic disconnector blade is in the compressed state in the second position (fig. 6). (see fig. 6, 8, 9; para. 0089-0094) 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim. Re. claim 4: Kim discloses: wherein the outer contact (140) comprises a guide hole and the inner contact (150) slides within the guide hole, (see fig. 6, 8, 9; para. 0079-0086) the earthing contact (200, 110 combined) comprising a compliant member (202) configured to bias the inner contact (110) out of the guide hole. Kim fails to specifically disclose: the telescopic disconnector blade further comprising a compliant member disposed within the guide hole and configured to bias the inner contact out of the guide hole. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the compliant member on the telescopic disconnector blade rather than the earthing switch, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167; and In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955) One of ordinary skill in the art would have been motivated to do this in order to allow the necessary freedom of movement for the disconnector blade with both the earthing contact and the power supply contact to make good connection. Re. claim 5: Kim discloses wherein, in response to an external force (compressive force on the contact) applied in a first direction and to the second end of the telescopic disconnector blade, the inner contact is configured to slide (position from fig. 8 to fig. 6) in the first direction within the guide hole of the outer contact and the compliant member (220) is configured to bias the inner contact in a direction opposite the first direction. (see fig. 8-11; para. 0102) Re. claim 6: Kim discloses wherein the compliant member (220) is a compression spring. (see fig. 9-11; para. 0102) Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 1 above, and further in view of Bolongeat-Mobleau et al. (US 5,644,117). Re. claim 8: Kim fails to disclose: a housing having first and second side walls, wherein the telescopic disconnector blade is configured to rotate around the pivot from the first position to the second position, wherein the rotation is towards the second side wall of the housing. However, Bolongeat-Mobleau discloses: a housing (D) having first and second side walls (right and left E), wherein the telescopic disconnector blade is configured to rotate around the pivot (19) from the first position (fig. 9) to the second position (fig. 11), wherein the rotation is towards the second side wall of the housing. (see fig. 9-10: col. 5) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an insulated housing with first and second side walls to the invention of Kim as taught by Bolongeat-Mobleau. One of ordinary skill would have been motivated to do this in order to house the electrical switch and protect it from the environment and prevent damage. Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 1 above, and further in view of Goschel et al. (US 2012/0103767 A1). Re. claim 14: Kim fails to disclose: wherein each disconnector and earthing switch comprises two or more telescopic disconnector blades. However, Goschel discloses: wherein each disconnector and earthing switch comprises two or more telescopic disconnector blades (20, 20’, 20”). (see fig. 9; para. 0062-0064) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a plurality of disconnector and earthing switches to the apparatus of Kim within a housing of a switching device taught by Goschel. One of ordinary skill would have been motivated to do this in order to provide a switch for a three pole power transmission device. (Goschel para. 0062) Re. claim 15: Kim fails to disclose: a plurality of switching devices, each switching device comprising a plurality of poles, wherein each pole is associated with a respective switching mechanism of the one or more switching mechanisms and a respective disconnector and earthing switch of the one or more disconnector and earthing switches. However, Goschel discloses: a plurality of switching devices, each switching device comprising a plurality of poles, (see para. 0016) wherein each pole (50, 40) is associated with a respective switching mechanism (120, 110) of the one or more switching mechanisms and a respective disconnector and earthing switch (10) of the one or more disconnector and earthing switches. (see fig. 2; para. 0033-0037) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a plurality of disconnector and earthing switches to the apparatus of Kim within a housing of a switching device taught by Goschel. One of ordinary skill would have been motivated to do this in order to provide a switch for a three pole power transmission device. (Goschel para. 0062) Allowable Subject Matter Claims 9-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Re. claim 9: the limitations of “the second side wall comprises an insulating support configured to contact, when the telescopic disconnector blade is in the second position, the second end of said telescopic disconnector blade” in combination with the remaining limitations in the claim cannot be found in the prior art. The prior art does not disclose a telescopic disconnector blade contacting an insulating support in the second position. Such a contact would have induced extra wear and tear unnecessarily on the contacts and produced premature wear. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shin et al. (US 2012/0012449 A1) discloses a disconnecting and earthing switch with three positions. Vaghini et al. (US 2006/0049144 A1) discloses a disconnecting switch having a rotational movement and linear movement. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM B DRAVININKAS whose telephone number is (571)270-1353. The examiner can normally be reached Monday - Friday 9a-6p MT. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAYPRAKASH (JP) N GANDHI can be reached at 571-272-3740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. September 28, 2026 /ADAM B DRAVININKAS/Primary Examiner, Art Unit 2841
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Prosecution Timeline

Mar 08, 2024
Application Filed
Oct 01, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
89%
With Interview (+14.5%)
2y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 955 resolved cases by this examiner. Grant probability derived from career allowance rate.

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