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 .
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 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.
Examiner request
Due to the number of informalities raised in the instant action, the Office notes that the above objections are a non-exhaustive list, and thus requests Applicant’s cooperation with reviewing the claims and correcting all remaining informalities present in the claims, but not made of record above. Patent quality is a joint responsibility of the USPTO and the Applicant. Appropriate correction is required.
Specification
The disclosure is objected to because of the following informalities:
Para. [0047], line 2, delete reference to “the Appendices A and B”; and
Para. [0048], line 10, “16” should be “116”.
Appropriate correction is required.
Claim Objections
Claims 1-16 objected to because of the following informalities:
Applicant claims ”plurality of compartments” (for example at claim 1, line 2 and claim 6, line 1) but discloses both compartments such as elements 112, 114, and 116, and also the discloses cubicles such as elements 120, 122 and 124. Is the claimed “compartments” supported by the disclosed compartments and the disclosed cubicles?
Claim 1, line 8, “the pair of vertical walls” should be “the at least one pair of vertical walls”;
Claim 2, line 1, “each pair if vertical walls” should be “ each pair of the at least one pair of vertical walls”;
Claim 4, line 3, “opposite second end” should be “an opposite second end”; and
Claim 14, line 3, “closed position” should be “a closed position”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, lines 5 and 9 requires “gases and Claim 2 requires “hot air.” Are these the same or different gases/air being claimed.
Claim 1, lines 7-8 requires “a breaker or other switching or protective equipment,” line 3 requires “switching or protective equipment,” Claim 6, line 4 and Claim 7, line 2 require “equipment,” Claim 8, lines 4-5 requires “a circuit breaker or other switching or protective equipment” and Claim 11, line 8 requires “switching or protective equipment.” Are these the same or different equipment being claimed?
Claim 4, line 5, “the first and second bars” lacks antecedent basis. Did Applicant intend “the first and second conductors”?
The term “medium” in claim 5 is a relative term which renders the claim indefinite. The term “medium” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. While the specification provides at para. [0046], line 3-4 provides an example of medium voltage an example as “current applications rated for 2,000 Amps,” what is the actual metes and bounds of “medium voltage” being claimed?.
Claim 9, line 2 requires “the ground bus” which has antecedence in “a ground bus” of claim 8, line 3. In claim 8, “a ground bus: is not positively claimed. IS “the ground bus” of claim 9 positively claimed?
Claim 10, line 2 requires “a compartment” and Claim 1, line 2 requires “a plurality of compartments.” Does the plurality of compartments include the compartment of claim 10?
Claim 11, line 7, “the fastener opening” lacks antecedent basis. Did Applicant intend one of the fastener holes”?
Claim 13, line 1 requires “primary stab bus” and Claim 11, line 2 requires “a primary stab bus.” Rae these the same or different primary stab buses?
Claim 13, line 1 requires “shielded bus” and Claim 12, line 2 requires “a bus which is shielded.” Rae these the same or different shielded buses?
Claim 13, line 2 requires “current transformer” and Claim 12, line 3 requires “current transformer.” Are these the same or different current transformers?
Claim 13, line 3 requires “a square or rectangular insulating enclosure” and Claim 12, line 3 requires “an insulating enclosure.” Are these the same or different insulating enclosures? and
Claim 13, line 4, “the shielded bus cable” lack antecedent basis;
m. The term “low” in claim 14 is a relative term which renders the claim indefinite. The term “low” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What is the metes and bounds of “low voltage” being claimed? and
n. Claim 1, lines 1-2; Claim 15, lines 1-2; and Claim 16, lines 1-2 require “a front compartment.” Are these the same or different front compartments?
Claim Rejections - 35 USC § 102
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 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP S59-132303.
With respect to Claim 1, S59-132303 teaches a switchgear assembly (fig. 4) comprising: an enclosure (enclosure [2] of fig. 4) having a plurality of compartments (for 7 and for 8) for housing switchgear components (7,8), the plurality of compartments including at least one compartment (for 7) for housing switching or protective equipment (7), the enclosure including: a plurality of vents (5a’s) for venting gases (:air”) from an interior (fig. 1, inside enclosure of fig. 4) of the enclosure, the plurality of vents including at least one top vent (5a) at a top (top of fig. 4) of the enclosure; and at least one pair (fig. 4, 9 and left side 2) of vertical walls (9s and left and right sides of 2) along a first side (fig. 4, left side of compartment for 7) of the at least one compartment housing a breaker or other switching or protective equipment (7), the pair of vertical walls having a passage (fig. 4, left side airflow arrows) therebetween for directing gases (“air”) from an interior bottom area (fig. 4, for 8) below the breaker or other switching or protective equipment (7) to the at least one top vent (5a) of the enclosure, one of vertical walls of each pair of vertical walls being an outer wall (left side of 2 and right side of 2) of the at least one compartment.
With respect to Claim 3, S59-132303 further teaches the pairs of vertical walls are arranged on opposite sides (see fig. 4, left and right sides of 7) of the switching or protective equipment.
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 of this title, 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 2 and 5-7 are rejected under AIA 35 U.S.C. 103 as being unpatentable over JP S59-132303’s fig. 4 and JP S59-132303’s fig. 1.
With respect to Claim 2, JP S59-132303 fig. 4 teaches the claimed invention including the passage (fig. 4, see airflow arrows on left and right sides of 7) of each pair of vertical walls is configured to direct hot air (“air”) produced by the switching or protective equipment (8) from the bottom interior area (fig. 4 for 8) out from the enclosure via the at least one top vent (5a). JP S59-132303 fig. 4 fails to disclose the at least one compartment having a front wall or panel with one or more bottom vents. JP S59-132303 fig. 2 teaches the at least one compartment having a front wall (fig. 2, for 8) with one or more bottom vents (4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fig. 4 of S59-132303 with that fig. 4 of S59-132303 for the purpose of allowing denser cooler air to enter enclosure for maximum cooling of the switching or protective equipment in the bottom interior area of the enclosure.
With respect to Claim 5, S59-132303 discloses the claimed invention except for the bus is rated for 2,000 Amp application or for use in MV switchgear application. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to for the switchgear gear application to be any rating including 2,000 Amp application or for use in MV switchgear application that requires exhausting of combustible gases after an arcing event, since 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).
With respect to Claim 6, S59-132303 fig. 4, discloses the claimed invention including (for 7) one or more of the plurality of compartments at a top (fig. 4, on top) of the enclosure include outlet vents (5,5a) on a top outer wall (fig. top of enclosure) and the enclosure includes a plurality of barriers (9,10) to separate equipment housed in the enclosure. S59-132303 fig. 4 fails to disclose one or more of the compartments have a rear outer wall with inlet or outlet vents, and a plurality of metal clad barriers to separate equipment housed in the enclosure. S59-132303 fig. 1 teaches one or more (for 4) of the compartments have a rear outer wall (left side of 8) with inlet (see airflow arrows into 8). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fig. 4 of S59-132303 with that fig. 1 of S59-132303 for the purpose of allowing denser cooler air to enter enclosure for maximum cooling of the switching or protective equipment in the bottom interior area of the enclosure. Official Notice is taken that a plurality of metal clad barriers to separate equipment housed in the enclosure is well-known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fig. 4 of S59-132303 with well-known metal clad barriers for the purpose of using an economical strong material that can withstand an arcing event and protect the equipment housed in the enclosure.
With respect to Claim 7, S59-132303 fig. 4 discloses the claimed invention one or more buses to electrically connect equipment housed in different locations of the enclosure, the one or more buses having a horizontal or vertical orientation or a combination thereof. S59-132303 fig. 1 discloses one or more buses (see fig/ 1. In right side compartment) to electrically connect equipment housed in different locations (see fig. 1) of the enclosure, the one or more buses having a horizontal or vertical orientation or a combination (see fig. 1) thereof. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fig. 4 of S59-132303 with that fig. 1 of S59-132303 for the purpose of providing line and load bus to interconnect the switchgear assembly with a means providing power and a load that the equipment is protecting.
Claim 4 is rejected under AIA 35 U.S.C. 103 as being unpatentable over JP S59-132303 and Frassineti (US 8,339,773).
With respect to Claim 4, JP S59-132303 discloses the claimed invention except for a bus for a load-side path for one phase, the bus comprising first and second conductors in which a first and opposite second end of the first conductor is in contact with respective first and opposite second ends of the second conductor, a portion of the first and second conductors, which is between the first and second ends of the first and second bars, having the first and second conductors spaced-apart and extending diagonally in parallel with each other. Frassineti teaches a bus (fig. 2, 2,13,21) for a load-side (either top or bottom of 2) path for one phase, the bus comprising first and second conductors (1st conductor - 2A,21; 2nd conductor 2B,13) in which a first (fig. 2, left side of fig. 2) and opposite second (fig. 2, right side of fig. 2) end of the first conductor is in contact (see fig. 2) with respective first and opposite second ends of the second conductor, a portion of the first and second conductors, which is between the first and second ends of the first and second bars, having the first and second conductors spaced-apart (see fig. 1) and extending diagonally (see fig. 1) in parallel with each other is well-known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify S59-132303 with the bus of the Frassineti for the purpose of allowing greater cross-section of the bus for handling higher currents as well as reducing the resistance and hence the heat generated by the bus.
Claims 8 and 9 are rejected under AIA 35 U.S.C. 103 as being unpatentable over JP S59-132303 and Shamine (US 9,595,799).
With respect to Claims 8 and 9, JP S59-132303 discloses the claimed invention except for a breaker ground shoe having a U-shape cross-section with two open-ends tapering toward each other, the two open-ends being configured to connect to a ground bus, and an opposite closed end from the two-open ends being configured to connect to a conductor from a circuit breaker or other switching or protective equipment (claim 8) and the ground bus which includes an extending rail for receiving the two open-ends of the breaker ground shoe, the rail being clamped between the two open-ends when the breaker ground shoe is engaged to the ground bus (claim 9). Shamine teaches a breaker ground shoe (fig. 3, 110) having a U-shape cross-section (see fig. 3) with two open-ends (fig. 3, top & bottom of 110) tapering toward (fig. 3, at 212,127) each other, the two open-ends being configured to connect to a ground bus (34, the ground bar is not being positively claimed, but able to grasp 34), and an opposite closed end (fig. 3, at 135) from the two-open ends being configured to connect to a conductor (142 is able to connect to a conductor) from a circuit breaker or other switching or protective equipment (24) (claim 8) and the ground bus which includes an extending rail (fig. 2, 34) for receiving the two open-ends of the breaker ground shoe, the rail being clamped between the two open-ends when the breaker ground shoe is engaged to the ground bus (based on claim 8, the ground bus of claim 9 is not positively being claimed) (claim 9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify S59-132303 with the breaker ground shoe of Shamine for the purpose of providing a breaker ground shoe that can clasp anywhere along the ground bus.
Claim 10 is rejected under AIA 35 U.S.C. 103 as being unpatentable over JP S59-132303 and Midday (US 10,362,698).
With respect to Claim 10, JP S59-132303 discloses the claimed invention except for a gusset kit reinforcement, connected to an interior bottom corner of a compartment, for protecting against seismic activity. Midday teaches a gusset kit reinforcement (fig. 3, 32) (connected thru wall of fig. 3), connected to an interior bottom corner (interior bottom corner of 14) of a compartment, for protecting against seismic activity (can protect from seismic activity). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify S59-132303 with the gusset kit reinforcement of Midday for the purpose of providing a means to fasten the switchgear assembly to a supporting surface supporting the switchgear assembly to keep the switchgear assembly in place.
Claims 14-16 are rejected under AIA 35 U.S.C. 103 as being unpatentable over JP S59-132303 and Rajauria (US 10,431,963).
With respect to Claims 14 and 15, JP S59-132303 discloses the claimed invention except for the plurality of compartments includes a front compartment having a low voltage drawer for housing low voltage equipment, the low voltage drawer being slidingly engaged to the enclosure to slide between an open or closed position (claim 14) and the plurality of compartments includes a front compartment having a low voltage compartment with removable door panel(s), terminal blocks in a top wireway, or an auxiliary device insertable in the enclosure at an end of the low voltage compartment (claim 15). Rajauria teaches the plurality of compartments includes a front compartment (fig. 1, 26) having a low voltage drawer (col. 3, l. 54) for housing low voltage equipment, the low voltage drawer being slidingly engaged to the enclosure to slide between an open or closed position (claim 14) and the plurality of compartments includes a front compartment (26) having a low voltage (col. 3, l. 54) compartment (26) with an auxiliary device (col. 3, ll. 18-19) insertable in the enclosure at an end (at least meter and lights on end so can be seen by a user) of the low voltage compartment (claim 15). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify S59-132303 with the low voltage drawer of Rajauria for the purpose of providing control electronics for the switchgear assembly so that the switchgear can be controlled and its status monitored. Rajauria fails to disclose a low voltage drawer being slidingly engaged to the enclosure to slide between an open or closed position. Official Notice is taken that a low voltage drawer being slidingly engaged to the enclosure to slide between an open or closed position. Is well known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify S59-132303 and Rajauria with a well-known slidable low voltage drawer of Rajauria for the purpose of allowing the components within the low voltage drawer to be access for maintenance by a user.
With respect to Claim 16, S59-132303 discloses the claimed invention including the plurality of compartments (for 7 and 8) includes a front compartment (i.e., near side of fig. 4) for housing a circuit breaker or other switching or protective equipment (7), the front compartment having a width of 26 inches. S59-132303 fails to disclose the front compartment having a width of 26 inches. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made for the width to be any value including 26 inches that can accommodate components of a standardized width, since 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).
Allowable Subject Matter
Claims 11-13 would be allowable if rewritten to overcome the claim objection(s), the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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: Claim 11 and all claims dependent thereof are allowable over the art of record because the prior art does not teach or suggest that “a primary stab bus formed of a conductive material; and an insulator sleeve for housing the primary stab bus, the insulator sleeve formed of an insulating material, wherein one end of the primary stab bus has a circular end with a plurality of spaced-apart fastener holes along an outer perimeter for receiving fasteners to connect the primary stab bus in the insulator sleeve, the primary stab bus tapering from the one end with the fastener opening to an opposite end for connection to switching or protective equipment.” The aforementioned limitations in combination with all remaining limitations of the respective claims are believed to render said claim 11 and all claims dependent thereof patentable over art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 7,952,857 and 9,899,810 disclose a passageways on either side of a bus compartment.
US 5,136,464, 7,182,208 and 7,411,787 disclose a passageways on either side of a bus compartment.
US 6,111,745 discloses a double bus with parallel angled portion.
US 9,843,170 disclose current transformers surround buses.
US 10,014,668 and 10,971,905 disclose the same invention as same patent family as US 10,413,963.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J HOFFBERG whose telephone number is (571) 272-2761. The examiner can normally be reached on Mon - Fri 9 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jayprakash Gandhi can be reached on (571) 272-3740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RJH 2/7/2026
/ROBERT J HOFFBERG/
Primary Examiner, Art Unit 2835