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 .
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 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 6-13 and 16-19 of U.S. Patent No. 12057683 in view of Harvey et al, US 5912604 [Harvey]. 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 “a circuit breaker, comprising a frame defining a housing having an interior compartment; first, second and third single-phase vacuum interrupters mounted within the interior compartment and having closed and open circuit conditions; first, second and third magnetic actuators connected to respective first, second and third single-phase vacuum interrupters, each of said magnetic actuators configured to receive an open or close signal and in response, actuate the respective vacuum interrupter connected thereto into an open or closed circuit condition, wherein each magnetic actuator comprises, a fixed core, a plurality of permanent magnets arranged in a rectangular configuration surrounding the fixed core, a movable core received within the fixed core; and a controller connected to each of the first, second and third magnetic actuators, and configured to generate the open or close signal to a respective magnetic actuator and open or close one or more of the first, second and third single-phase vacuum interrupters” which is equivalent to and the same scope as “a medium-voltage, circuit breaker switchgear system, comprising a frame defining a housing having an interior compartment; the interior compartment having first, second and third single-phase inputs connected to respective one of first, second and third single-phase circuits of a three-phase power distribution grid and first, second and third single-phase outputs connected to at least one load; a three-phase circuit breaker, comprising first, second and third single-phase vacuum interrupters configured to be connected between respective pairs of the first, second and third single-phase vacuum interrupters, each signal and in response, actuate the respective vacuum interrupter connected thereto into open or closed-circuit conditions; first, second and third magnetic actuators connected to respective first, second and third single-phase vacuum interrupters, each of said magnetic actuators configured to receive an open or close signal and in response, actuate the respective vacuum interrupter connected thereto into an open or closed-circuit condition, wherein each magnetic actuator comprises, a fixed core, a plurality of permanent magnets surrounding the fixed core, a movable core received within the fixed core; at least one sensing circuit operatively connected between first, second and third single-phase outputs and the at least one load, the sensing circuit configured to detect one or more undesirable circuit conditions on one or more single-phase circuits of the at least one load; and
a controller connected to each of the first, second and third magnetic actuators, and the at least one sensing circuit and configured to generate one or more of the open or close signals to a respective magnetic actuator connected to the single-phase vacuum interrupter over which an undesirable circuit condition had been detected and open or close one or more of the first, second and third single-phase vacuum interrupters” of claims 1 and 11 of the present application. Further, the limitations of claims 2-10 and 13-19 are included in claims 2-3, 6-10, 12-13 and 16-20, respectively, of U.S. Patent No. 12057683.
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 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Montich, US 7724489 in view of Harvey et al, US 5912604 [Harvey].
Regarding claim 1, Montich discloses (figs.3-6) a medium-voltage, circuit breaker switchgear system (44), comprising:
a frame (labeled in fig.3, below) defining a housing (74) having an interior compartment (labeled in fig.3, below);
the interior compartment having first, second and third single-phase inputs connected to respective one of first, second and third single-phase circuits of a three-phase power distribution grid and first, second and third single-phase outputs connected to at least one load;
a three-phase circuit breaker (three vacuum bottles) [col.5, lines 17-18], comprising;
first, second and third single-phase vacuum interrupters (90) configured to be connected between respective pairs of the first, second and third single-phase vacuum interrupters (90), each signal and in response, actuate the respective vacuum interrupter (90) connected thereto into open or closed-circuit conditions.
Montich fails to explicitly disclose first, second and third magnetic actuators connected to respective first, second and third single-phase vacuum interrupters, each of said magnetic actuators
configured to receive an open or close signal and in response, actuate the respective vacuum interrupter connected thereto into an open or closed-circuit condition, wherein each magnetic actuator comprises,
a fixed core,
a plurality of permanent magnets surrounding the fixed core,
a movable core received within the fixed core;
at least one sensing circuit operatively connected between first, second and third single-phase outputs and the at least one load, the sensing circuit configured to detect one or more undesirable circuit conditions on one or more single-phase circuits of the at least one load; and
a controller connected to each of the first, second and third magnetic actuators, and the at least one sensing circuit and configured to generate one or more of the open or close signals to a respective magnetic actuator connected to the single-phase vacuum interrupter over which an undesirable circuit condition had been detected and open or close one or more of the first, second and third single-phase vacuum interrupters.
Harvey discloses (figs.1-12) a circuit recloser (10), comprising first, second and third magnetic actuators (24) connected to respective first, second and third single-phase vacuum interrupters (30), each of said magnetic actuators (24) configured to receive an open or close signal and in response, actuate the respective vacuum interrupter (30) connected thereto into an open or closed-circuit condition, where each magnetic actuator (24) comprises,
a fixed core (120),
a plurality of permanent magnets (112) surrounding the fixed core (120),
a movable core (108) received within the fixed core (120);
at least one sensing circuit (50) operatively connected between first, second and third single-phase outputs (28) and the at least one load, the sensing circuit (50) configured to detect one or more undesirable circuit conditions on one or more single-phase circuits of the at least one load; and
a controller (130) connected to each of the first, second and third magnetic actuators (24), and the at least one sensing circuit (50) and configured to generate one or more of the open or close signals to a respective magnetic actuator (24) connected to the single-phase vacuum interrupter (30) over which an undesirable circuit condition had been detected and open or close one or more of the first, second and third single-phase vacuum interrupters (30).
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 circuit breaker switchgear of Montich with the inclusion of the actuators of Harvey, thereby providing separate and independent actuators for each interrupters, so as to only actuate the interrupter which sense a fault, while maintaining the other interrupters functional.
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Regarding claim 11, Montich discloses (figs.2-6) a medium-voltage, circuit breaker switchgear system (44) having single-phase circuit breaker control, comprising:
a frame (labeled in fig.3, above) defining a housing (74) having an interior compartment (labeled in fig.3, above), the interior compartment (labeled in fig.3, above) having first, second and third single-phase inputs connected to a respective one of first, second and third single-phase circuits [col.5, lines 17-18] of a three-phase power distribution grid and first, second and third single-phase outputs connected to a respective one of first, second and third single-phase circuits (three vacuum bottles) connected to respective first, second and third single-phase loads, each of first, second and third single-phase loads having an electrical demand operating with single-phase power;
a three-phase circuit breaker having single-phase control over the respective first, second and third single-phase circuits (three vacuum bottles), comprising;
first, second and third single-phase vacuum interrupters (three vacuum bottles) [col.5, lines 17-18] configured to be connected between respective pairs of the first, second and third single-phase inputs and the first, second and third single-phase outputs, each single-phase vacuum interrupter mounted within the interior compartment (labeled in fig.3, above) and having closed and open circuit conditions.
Montich fails to disclose first, second and third magnetic actuators connected to respective first, second and third single-phase vacuum interrupters, each of said magnetic actuators configured to receive an open or close signal and in response, actuate the respective vacuum interrupter connected thereto into an open or closed-circuit condition, wherein each magnetic actuator comprises,
a fixed core,
a plurality of permanent magnets surrounding the fixed core,
a movable core received within the fixed core;
first, second and third sensing circuits operatively connected between respective first, second and third single- phase outputs and the first, second and third single-phase circuits, each of first, second and third sensing circuits configured to detect an undesirable circuit condition on the respective first, second or third single-phase circuit to which the respective first, second or third sensing circuit is connected; and
a controller connected to each of the first, second and third magnetic actuators and the first, second and third sensing circuits and configured to generate an open signal to a respective magnetic actuator connected to the single-phase vacuum interrupter over which the undesirable circuit condition had been detected and open the respective first, second or third single-phase vacuum interrupter and interrupt current flow to the respective first, second or third single-phase circuit and associated first, second or third single-phase load on which the undesirable circuit condition had been detected.
Harvey discloses (figs.1-12) a recloser (10) comprising first, second and third magnetic actuators (24) connected to respective first, second and third single-phase vacuum interrupters (30), each of said magnetic actuators (24) configured to receive an open or close signal and in response, actuate the respective vacuum interrupter (30) connected thereto into an open or closed-circuit condition, where each magnetic actuator (24) comprises,
a fixed core (120),
a plurality of permanent magnets (112) surrounding the fixed core (120),
a movable core (108) received within the fixed core (120);
first, second and third sensing circuits (50) operatively connected between respective first, second and third single-phase outputs (28) and the first, second and third single-phase circuits (14, 16, 18), each of first, second and third sensing circuits (50) configured to detect an undesirable circuit condition on the respective first, second or third single-phase circuit (14, 16, 18) to which the respective first, second or third sensing circuit (50) is connected; and
a controller (130) connected to each of the first, second and third magnetic actuators (24) and the first, second and third sensing circuits (50) and configured to generate an open signal to a respective magnetic actuator (24) connected to the single-phase vacuum interrupter (30) over which the undesirable circuit condition had been detected and open the respective first, second or third single-phase vacuum interrupter (30) and interrupt current flow to the respective first, second or third single-phase circuit (14, 16, 18) and associated first, second or third single-phase load on which the undesirable circuit condition had been detected [col.8, lines 17-29].
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 circuit breaker switchgear of Montich with the inclusion of the actuators of Harvey, thereby providing separate and independent actuators for each interrupters, so as to only actuate the interrupter which sense a fault, while maintaining the other interrupters functional.
Regarding claims 2 and 12, Montich further discloses where said housing (74) has an outer surface (76) and a plurality of bushing openings (labeled in fig.3, above) therein, and a terminal bushing (78, 80) received within each bushing opening (labeled in fig.3, above).
Regarding claims 3 and 13, Montich further discloses where each of said first, second and third single-phase vacuum interrupters (90) comprise first and second terminals (labeled in fig.3, above) electrically connected to a selected terminal bushing (78, 80).
Regarding claims 4 and 14, Montich and Harvey further disclose where each movable core (108, Harvey) comprises an output shaft (62) and a piston (108) carried by the output shaft (62) and movable within the fixed core (120).
Regarding claims 5, Montich and Harvey further comprising first, second and third single-phase inputs (26) connected to respective first, second and third single-phase vacuum interrupters (30) and including first, second and third single-phase outputs (28), and three separate sensing circuits (50) connected either local (Harvey; via 38) or remote to the three-phase circuit breaker (14, 16, 18) and to respective ones of first, second and third vacuum interrupters (30).
Regarding claim 15, Montich and Harvey further disclose where first, second and third sensing circuits (Harvey, 50) are connected either local (Harvey, via 38) or remote to the three-phase circuit breaker (14, 16, 18) and to respective ones of first, second and third vacuum interrupters (30).
Regarding claims 6 and 16, Montich and Harvey further disclose where said controller (130, Harvey) is configured to generate the open or close signal to at least one of said first, second and third magnetic actuators (24) in response to an undesirable circuit condition detected on a minimum of a single-phase circuit [col.8, lines 17-22].
Regarding claims 7 and 17, Montich and Harvey further comprising a single sensing circuit (Harvey, 50) configured to detect the undesirable circuit condition [col.8, lines 25-27].
Regarding claim 8, Montich and Harvey further discloses where said sensing circuit (Harvey, 50) comprises at a current sensor (50).
Regarding claims 9 and 18, Montich further discloses where said housing (74) is configured as an outdoor or indoor housing.
Regarding claims 10 and 19, Montich and Harvey further disclose where said undesirable circuit condition [Harvey; col.8, lines 25-27] comprises a single-phase overcurrent or fault that had been detected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Futane et al, Yamazaki et al, Mather et al, Keogh et al and Mitchell, JR et al are examples of three-phase circuit breakers 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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