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 Objections
Claims 2 and 14 are objected to because:
Claims 2 and 14, lines 2, “the width” lacks antecedent basis.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 4-13 and 16-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-10, 14-18 and 20-26 of U.S. Patent No. 12100939. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims include the claimed subjection matter of the present claims. In particular, claim 1 of the patent include “circuit breaker, comprising a frame defining a housing having an interior compartment and an outer surface and a bushing opening; a circuit interrupter mounted within the interior compartment; a terminal bushing received within the bushing opening and having a terminal end extending into the housing and electrically connected to the circuit interrupter, and an outer flange that forms a bushing seat positioned adjacent the outer surface of the housing; an upper gasket received against the outer flange; a seal pocket formed by the bushing opening, the upper gasket, and an outer surface of the terminal bushing; and a dynamic seal comprising a C-shaped seal having a spring therein and contained within the seal pocket and being compressed an amount sufficient to provide elasticity and a compression height for dynamic loading of the upper gasket”, is equivalent and the same scope as “circuit breaker, comprising a frame defining a housing having an interior compartment and an outer surface and a bushing opening; a circuit interrupter mounted within the interior compartment; a terminal bushing received within the bushing opening and having a terminal end extending into the housing and electrically connected to the circuit interrupter, and an outer flange that forms a bushing seat over the outer surface of the housing to support the terminal bushing within the bushing opening; an upper gasket overlying the outer surface of the housing under the outer flange; a spacer positioned between the upper gasket and the outer surface of the housing and forming with the bushing opening, the upper gasket and the outer surface of the terminal bushing a seal pocket; and a dynamic seal contained within the seal pocket and being compressed an amount sufficient to provide elasticity and a compression height for dynamic loading of the upper gasket” of claim 1 of the present application. Further, the limitations of claims 4-13 and 16-24 are included in claims 2-3, 5-10, 14-18 and 20-26, respectively, of U.S. Patent No. 12100939.
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.
Claims 1, 3, 6, 8, 10, 13,15, 18, 20 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Montich, US 7724489 in view of Tomokazu et al, JP 2012151201 [Tomokazu].
Regarding claim 1, Montich discloses (figs.2-6) a circuit breaker (44), comprising:
a frame (labeled in fig.3, below) defining a housing (74) having an interior compartment (labeled in fig. 3, below) and an outer surface (76) and a bushing opening (labeled in fig.3, below);
a circuit interrupter (90) mounted within the interior compartment (labeled in fig.3, below);
a terminal bushing (78) received within the bushing opening (labeled in fig. 3, below) and having a terminal end (labeled in fig.3, below) extending into the housing (74) and electrically connected to the
circuit interrupter (90), and an outer flange (labeled in fig.3, below) that forms a bushing seat over the outer surface (76) of the housing (74) to support the terminal bushing (78) within the bushing opening (labeled in fig.3, below).
Montich fails to explicitly disclose an upper gasket overlying the outer surface of the
housing under the outer flange;
a spacer positioned between the upper gasket and the outer surface of the housing and forming with the bushing opening, the upper gasket and the outer surface of the terminal bushing a seal pocket; and
a dynamic seal contained within the seal pocket and being compressed an amount sufficient to provide elasticity and a compression height for dynamic loading of the upper gasket.
Tomokazu discloses (figs. 1-4) a switchgear (2) comprising a bushing terminal (14a) having an upper gasket (204) overlying an outer surface of a housing (201) under an outer flange (14e);
a spacer (21) positioned between the upper gasket (204) and the outer surface of the housing (201)and forming with a bushing opening (201h), the upper gasket (204) and the outer surface of the terminal bushing (14a) a seal pocket; and
a dynamic seal (203) contained within the seal pocket and being compressed an amount sufficient to provide elasticity and a compression height for dynamic loading of the upper gasket (204).
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 terminal bushing of Montich with the teaching of the terminal bushing of Tomokazu, thereby providing a bushing arrangement that prevents the temperature of the seal from rising to be degraded in an early stage of operation.
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Regarding claim 13, Montich discloses (figs.2-6) a circuit breaker (44), comprising:
a frame (labeled in fig.3, above) defining a housing (74) having an interior compartment (labeled in fig.3, above) and an outer surface (76) and a bushing openings (labeled in fig.3, above);
a circuit interrupter (90) mounted within the interior compartment (labeled in fig.3, above);
a terminal bushing (78) received within the bushing opening (labeled in fig. 3,above) and having a terminal end (labeled in fig.3, above) extending into the housing (74) and electrically connected to the
circuit interrupter (90), and an outer flange (labeled in fig.3, above) that forms a bushing seat over the outer surface (76) of the housing (74) to support the terminal bushing (78) within the bushing opening (labeled in fig.3, above).
Montich fails to explicitly disclose an upper gasket overlying the outer surface of the
housing under the outer flange;
wherein the outer surface of the housing includes a deformed or crimped section configured as a spacer under the upper gasket to form with the bushing opening, the upper gasket and the outer surface of the terminal bushing a seal pocket; and
a dynamic seal contained within the seal pocket and being compressed an amount sufficient to provide elasticity and a compression height for dynamic loading of the upper gasket.
Tomokazu discloses (figs. 1-4) a switchgear (2) comprising a bushing terminal (14a) having an upper gasket (204) overlying an outer surface of a housing (201) under an outer flange (14e);
where the outer surface of the housing (201) includes a deformed or crimped section (deformed under pressure) configured as a spacer (21) positioned between the upper gasket (204) and the outer surface of the housing (201)and forming with a bushing opening (201h), the upper gasket (204) and the outer surface of the terminal bushing (14a) a seal pocket; and
a dynamic seal (203) contained within the seal pocket and being compressed an amount sufficient to provide elasticity and a compression height for dynamic loading of the upper gasket (204).
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 terminal bushing of Montich with the teaching of the terminal bushing of Tomokazu, thereby providing a bushing arrangement that prevents the temperature of the seal from rising to be degraded in an early stage of operation.
Regarding claim 3, Montich and Tomokazu further disclose where the spacer (Tomokazu, 21) is spaced outward from the terminal bushing (14a) under a portion of the upper gasket (204).
Regarding claims 6 and 18, Montich further discloses where said circuit interrupter (90) includes closed and open breaker positions and an actuator [col.4, lines 49-50] mounted within the interior compartment (labeled in fig.3, above) and connected to said circuit interrupter (90) and configured to actuate the circuit interrupter (90) into the closed and open positions.
Regarding claims 8 and 20, Montich further discloses where said frame (labeled in fig.3, above) is configured as an outdoor circuit breaker (44).
Regarding claims 10 and 22, Tomokazu further discloses where said dynamic seal (203) comprises an O- ring formed of an elastomeric material.
Regarding claim 15, Montich and Tomokazu further disclose where the crimped or deformed section (from by pressure) of the outer housing (201) is spaced outward from the terminal bushing (14a) under a portion of the upper gasket (204).
Claims 7, 9, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Montich and Tomokazu and further in view of Futane et al, US 10643814 [Futane].
Regarding claims 7 and 19, Montich discloses the claimed invention, except wherein said actuator comprises a magnetic actuator configured to receive an open or close signal and in response, actuate the at circuit interrupter connected thereto into an open or closed-circuit condition.
Futane discloses (figs.1-2) a circuit breaker where an actuator (6) comprises a magnetic actuator configured to receive an open or close signal [col.2, lines 41-43] and in response, actuate a circuit interrupter (2) connected thereto into an open or closed-circuit condition.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the circuit breaker of Montich with the inclusion of the actuator of Futane, thereby providing a common housing for switch and actuator, thus ensuring a compact air-thigh housing against the external environment.
Regarding claims 9 and 21, Montich further comprising first, second and third single-phase circuit interrupters [col.5, line 17] mounted within the interior compartment (labeled in fig.3, above), each having closed and open breaker positions, but silent on a respective first, second and third actuator connected to respective first, second and third single- phase circuit interrupters.
Futane discloses (figs.1-2) a circuit breaker where first, second and third actuator (6) connected to respective first, second and third single-phase circuit interrupters (2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the circuit breaker of Montich with the inclusion of the actuator of Futane, thereby providing a common housing for switches and actuators, thus ensuring a compact air- thigh housing against the external environment.
Claims 2, 4-5 and 14, 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Montich and Tomokazu and further in view of Spiece, US 3055968.
Regarding claims 2 and 14, Montich and Tomokazu fail to disclose wherein the upper gasket extends under the outer flange the width thereof.
Spiece discloses (fig.1) a bushing (10) comprising an upper gasket (34) extends under an outer flange (32) a width thereof.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the terminal bushing of Montich with the teaching of the inclusion of the gasket of Spiece, thereby securing the bushing on to the casing or housing of the circuit breaker, thus hermetically sealing the housing and the environment.
Regarding claims 4 and 16, Montich and Tomokazu fail to disclose at least one clamp engaging an upper surface of the outer flange, and a fastener securing said at least one clamp.
Spiece discloses (fig.1) a bushing (10) comprising at least one clamp (33) engaging an upper surface of an outer flange (31), and a fastener (bolt or screw) securing said at least one clamp (33).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the terminal bushing of Montich with the teaching of the clamp of Spiece, thereby securing the bushing on to the casing or housing of the circuit breaker.
Regarding claims 5 and 17, Montich and Tomokazu fail to disclose wherein said at least one clamp, fastener, and outer surface are formed of a first material having a first coefficient of thermal expansion, and the terminal bushing is formed of a second material having a second coefficient of thermal expansion.
Spiece discloses (fig.1) a bushing (10) disclose where at least one clamp (33) fastener (bolt or screw), and outer surface are formed of a first material (metal) having a first coefficient of thermal expansion, and a terminal bushing (27) is formed of a second material (ceramic) having a second coefficient of thermal.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the terminal bushing of Montich with the teaching of Spiece, thereby providing a structure able to withstand the difference in temperature between metal parts and the ceramic parts without fracturing the structure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Engels et al, Stull et al, Yoshitomo et al, Rocks et al, Amerpohl et al, Bergstrom, Sandlin, Jr. et al and Smith are examples of circuit breakers comprising terminal bushings configured similar to the present invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM A BOLTON whose telephone number is (571)270-5887. The examiner can normally be reached Mon-Fri: 7:30AM - 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Renee S Luebke can be reached at 571-272-2009. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM A BOLTON/Primary Examiner, Art Unit 2831
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