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 because of the use of photographs (e.g., figures 3, 7-12, and 14), which are generally not permitted (see MPEP 608.02 VII B). The Office notes that due to the grey shading (e.g., figures 7-12), it is difficult to clearly see and understand the content of the figures as required by the MPEP (see MPEP 608.02). Therefore, the Office requests that the figures be amended so that they are more legible.
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.
Specification
The disclosure is objected to because of the following informalities:
[0043] (see US PG-Pub version of Applicant’s specification): in the clause “the arm 104 to pivot about the pivot pin 104”, the reference character “104” is used for both the “arm” and “pivot pin”. The specification should be amended such that it says “pivot pin 106”.
The Office requests Applicant’s cooperation with reviewing the specification and correcting all remaining informalities present in the specification, but not made of record above. Appropriate correction is required.
Claim Objections
Claims 2-9 and 11-20 are objected to because of the following informalities:
Claims 2-9: every instance of “The refuser of claim” should be amended to recite “The load break cutout refuser of claim” so that it is consistent with the preamble of claim 1.
Claims 11-19: every instance of “The refuse of claim” should be amended to recite “The load break cutout refuser system of claim” so that it is consistent with the preamble of claim 10.
Claim 3 Lns.3-4 and Claim 12 Lns.3-4: the clauses “in the open positions” and “in the close position” should be amended to recite “in the open position” and “in the closed position” for consistent claim nomenclature.
Claim 20 Ln.1: the clause “a fuse cutout” should be amended to recite “the fuse cutout” for antecedent reasons (i.e., claim 20 links back to claim 10, which already provides the antecedent basis for the “fuse cutout”).
Claim 20 Ln.3: the clause “a signal” should be amended to “the signal” since claim 10 already provides the antecedent basis for the claim limitation.
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. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 10-13, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haj-Maharsi (US 20100230263) (hereinafter referred to as Haj).
Regarding claim 1, Haj discloses (Fig.8 and [0050]: the same reference characters used in Figs.1-3 are also used in Fig.8, and thus relevant features of Figs.1-3 will also be utilized):
A load break cutout refuser comprising: an actuator (202) configured to couple to a fuse cutout (22), a receiver ([0051]: "Upon receiving the rearm command, a motor in the motor module 102 causes the fuse assembly 22 to pivot counterclockwise back to the engaged/upright position wherein the upper contact end 40 is again received in catch 38"- there has to be some kind of receiver that communicates with 202, and thus communicatively coupled to 202, to allow the motor inside 202 to move 22 back into the closed position) communicatively coupled to the actuator (202) and configured to receive a signal from a transmitter ([0051]: "The communication system can receive a rearm command either from a remote location or from a local utility person using short range wireless transmitter") remote from the receiver ([0051]: the transmitter is separated/remote from the receiver and send the signal to the receiver to actuate the motor inside 202 to rearm 22), wherein the actuator (202) is configured to close the fuse cutout (22) in response to the signal received by the receiver ([0051]: 202 is what rearms and close 22 after the receiver receives the rearm signal from the transmitter).
Regarding claim 10, Haj discloses (Fig.8 and [0050]: the same reference characters used in Figs.1-3 are also used in Fig.8, and thus relevant features of Figs.1-3 will also be utilized):
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A load break cutout refuser system comprising: an actuator (202) configured to couple to a fuse cutout (22); a transmitter ([0051]: "The communication system can receive a rearm command either from a remote location or from a local utility person using short range wireless transmitter") remote from the fuse cutout (22) ([0051]: the transmitter is remote/separated at a distance from 22); and a receiver ([0051]: "Upon receiving the rearm command, a motor in the motor module 102 causes the fuse assembly 22 to pivot counterclockwise back to the engaged/upright position wherein the upper contact end 40 is again received in catch 38"- there has to be some kind of receiver that communicates with 202 to allow the motor inside 202 to move 22 back into the closed position) communicatively coupled to the actuator (202) and configured to receive a signal ([0051]: "rearm command") from the transmitter, wherein the actuator (202) is configured to close the fuse cutout (22) in response to the signal received by the receiver (Figs.1-3 and 8, and [0051]: 202 recloses 22 back into the closed position in response to the receiver receiving the rearm signal/command from the transmitter).
Regarding claims 2 and 11, Haj further discloses:
Wherein the actuator (202) is configured to close the fuse cutout (22) in response to the signal received by the receiver ([0051]: 202 is what rearms and close 22 after the receiver receives the rearm signal from the transmitter).
Regarding claims 3 and 12, Haj further discloses:
Wherein the actuator (202) is configured to move the fuse tube (50) from an open position (Figs.3 and 8: position in which 40 is separated from 36) to a closed position (See Fig.8), wherein the fuse cutout (22) is open and a load current is interrupted when the fuse tube (50) is in the open positions (Figs.3 and 8, [0031], and [0040]: in the open position of 20, the current, which will define the "load current", is interrupted and cannot flow), and the fuse cutout (22) is closed (See Fig.8) and the load current passes through the fuse cutout (22) when the fuse tube (50) is in the close position (See Fig.8, [0031], and [0037]: in the closed position of 50, the circuit is closed and the current, which defines the load current, can flow and pass through 22).
Regarding claim 13, Haj further discloses:
Wherein the transmitter ([0051]: "The communication system can receive a rearm command either from a remote location or from a local utility person using short range wireless transmitter") is a component of a remote control ([0051]: a short range wireless transmitter is a remote control).
Regarding claim 20, Haj further discloses:
A method of closing a fuse cutout (22) using the load break cutout refuser system of claim 10 (See Rejection of Claim 10 above), the method comprising: sending, by the transmitter ([0051]: "The communication system can receive a rearm command either from a remote location or from a local utility person using short range wireless transmitter"), a signal ([0051]: "rearm command") to the receiver (0051]: "Upon receiving the rearm command, a motor in the motor module 102 causes the fuse assembly 22 to pivot counterclockwise back to the engaged/upright position wherein the upper contact end 40 is again received in catch 38"- there has to be some kind of receiver that communicates with 202 to allow the motor inside 202 to move 22 back into the closed position) ([0051]: the transmitter sends the “rearm command”/signal to the receiver); receiving, by the receiver, the signal; and closing, by the actuator (202) in response to the received signal, the fuse cutout (22) (Fig.8 and [0051]: after the transmitter sends the “rearm command”/signal to the receiver, the receiver sends the signal to 202 so that 202 can pivot 22 back into the “engaged/upright position”).
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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 4-8 and 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over Haj-Maharsi (US 20100230263) (hereinafter referred to as Haj) in view of Bridges (US 3316372).
Regarding claims 4 and 14, Haj further discloses:
A body (34) configured to attach to the fuse cutout (22); and an arm (36) pivotably attached (See Figs.1-2) to the body (34); wherein the actuator (202) is coupled to the body (34) (Fig.8: 202 is indirectly coupled to 34).
However, Haj does not explicitly disclose:
An arm pivotably attached to the body at a pivot pin.
Bridges however teaches (Figs.1-4):
An arm (114) pivotably attached (See Fig.4) to the body (88) at a pivot pin (108).
It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the above teaching of Bridges to modify the device of Haj such that it has a pivot pin that is coupled to the body and arm so that the arm is pivotably attached to the body at a pivot pin, as respectively claimed in claims 4 and 14, in order to provide a simple and efficient means of coupling the arm to the body.
Regarding claims 5 and 15, Haj further discloses:
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Wherein the actuator (202) is configured to cause the arm (36) to pivot (Figs.3 and 8, and [0051]: once 202 receives the rearm command, 22 pivots counterclockwise, which will also cause 36 to pivot once 40 is received again in 36).
However, as outlined in claims 4 and 14 above, Haj does not explicitly disclose:
The pivot pin.
However, as outlined in claims 4 and 14 above, Bridges teaches:
The pivot pin (108).
It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to further utilize the above teaching of Bridges to further modify the device of modified Haj such that when the pivot pin is incorporated in the device of Haj, as modified in claims 4 and 14 above, the actuator is configured to cause the arm to pivot about the pivot pin, as respectively claimed in claims 5 and 15, in order to achieve the simple coupling means as outlined in claims 4 and 14 above.
Regarding claims 6 and 16, Haj further discloses:
Wherein the arm (36) is coupled to (See Fig.8) the fuse tube (50) and causes the fuse tube (50) to simultaneously pivot (See Figs.1-3 and 8, and [0051]: once 50 is received in 36, 50 and 36 will simultaneously pivot back into the closed position from the open position) with the arm (36) from the open position (Figs.3 and 8: position in which 40 is separated from 36) to the closed position (See Fig.8).
Regarding claims 7 and 17, Haj further discloses:
Wherein a first end (Figs.1-2: end of 36 with 38) of the arm (36) is configured to couple to (See Figs.1-2 and 8) the fuse tube (50) and a second end of the arm (end of 36 connected to 34) is coupled to at least one connecting member (14, 18, and/or [0050]: the connector/fastener used to couple 204 to 42) configured to couple the arm (36) to the actuator (202) (Fig.8 and [0050]: 14, 18, and the fastener/connected used to couple 202 to 42 are used to at least indirectly couple 36 to 202).
However, Haj does not disclose:
Wherein the pivot pin is positioned between the first end and the second end of the arm.
Bridges however further teaches:
Wherein the pivot pin (108) is positioned between the first end (See Figure Below) and the second end (See Figure Below) of the arm (114).
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It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to further utilize the above teaching of Bridges to further modify the device of modified Haj such that when the pivot pin is incorporated in the device, as modified in claims 4 and 14 above, the pivot pin is positioned between the first end and the second end of the arm, as respectively claimed in claims 7 and 17, in order to achieve the simple coupling means as outlined in claims 4 and 14 above.
Regarding claims 8 and 18, Haj further discloses:
Wherein the actuator (202) comprises a motor (204).
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Maharsi (US 20100230263) (hereinafter referred to as Haj) in view of Bridges (US 3316372) or alternatively over Haj in view of Bridges and in further view of Smith (US 6583708).
Regarding claims 9 and 19, Haj further discloses:
Wherein the motor (204) is configured to rotate to effect rotation or pivotal movement of the at least one connecting member (14, 18, and/or [0050]: the connector/fastener used to couple 204 to 42) to pivot the arm (36) (Fig.8 and [0050]-[0051]: 204 will rotate to at least effect rotation/pivotal movement of the connector/fastener used to couple 204 to 42 so that 22 can rotate into 36 and allow both 22 and 36 to pivot back into the engaged/upright position after the receiver receives the rearm command/signal).
Alternatively, Smith teaches (Fig.3):
At least one connecting member (250) that is pivotable/rotatable (Col.8 Lns.42-45: “Assembling fuseholder assembly 14 initially requires that trunnion 24 and fuseholder 26 be connected pivotally by pivot pin 250 being inserted through pivot holes 248 of fuseholder 26 and pivot hole 182 of trunnion 24”).
It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the above teaching of Smith to further modify the device of modified Haj such that the at least one connecting member (i.e., the connector/fastener used to couple 204 of Haj to 42 of Haj) is a pivotable/rotatable member that connects the motor to the fuse cutout so that the motor is configured to rotate to effect rotation or pivotal movement of the at least one connecting member to pivot the arm, as respectively claimed in claims 9 and 19, in order to provide a simple and efficient means of operatively interconnecting the motor, fuse cutout, and arm together (i.e., using a pivotable/rotatable connecting member/connector/fastener not only provides a secure connection among the components, but it will also provide a connection that can allow the fuse cutout to simply rotate, as suggested by Smith- see Col.8 Lns.33-35), and thus providing a simple and efficient means of moving the fuse cutout back into the engaged position.
Finally, all claimed elements were known in the prior art and one skilled in the art could have combined/modified the elements as claimed by known methods with no change in their respective functions, and the combination / modification would have yielded predictable results to one of ordinary skill in the art at the time of the invention. See KSR International Co. v. Teleflex Inc., 550 U.S._, 82 USPQ2d 1385 (2007).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20250069840: teaches a refuser with a receiver that receives signals and commands from a transmitter.
US 20090091416: teaches a cutout fuse that utilizes a refuser with a motor to reclose the cutout fuse.
US 6687110: teaches a fuse cutout that has a rotatable/pivotable attachment member that allows the fuse tube to rotate between a closed position and open position.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN S SUL whose telephone number is (571)270-1243. The examiner can normally be reached M-F 8-5 EST.
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 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.
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/STEPHEN S SUL/Primary Examiner, Art Unit 2835