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 2-6 are objected to because of the following informalities:
Claims 2-4 and 6: every instance of “a part of the fuse functional circuit portion” should be amended to recite “the part of the fuse functional circuit portion” for antecedent reasons (i.e., claim 1 provides the antecedent basis for “part of the fuse functional circuit portion”).
Claim 3 Lns.1-4: the Office suggests amending claim 3 so that the clauses “the accommodating space” and “the space” recite “an accommodating space” and “a space” for antecedent reasons.
Claim 3 Ln.7: the Office recommends amending the clause “the fuse functional circuit portion includes at least two fusion portions” to recite “the fusion portion includes at least two fusion portions” for clarity purposes (i.e., make it clear that the “two fusion portions” are with respect to the “fusion portion” of claim 1).
Claim 5 Lns.4-5 and 7-8: both instances of the clause “of a cutting piece and base pieces on both sides of the to-be-cut portion” should be amended to recite “of the cutting piece and the base pieces on both sides of the to-be-cut portion” for antecedent reasons (i.e., claim 1 already provides the antecedent basis for the limitations).
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 § 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.
Claims 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Fukuda (WO 2020204154) (of record, cited in the IDS, including Original Document) in view of Kanematsu (JP 2021166177).
Regarding claim 1, Fukuda discloses (Figs.35-39):
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An electrical circuit breaker device (1J) comprising: a housing (9J); a to-be-cut portion (4J) that is arranged in the housing (9J) and constitutes a part of an electrical circuit (Fig.35: the circuit that 1J connects to via 40J); a power source (7) that is arranged on a side (inner side of the top side of 9J) of a first end portion (Fig.35: upper end portion of 9J) of the housing (9J); and a moving body (8J) that moves in the housing (9J) between the first end portion (Fig.35: upper end portion of 9J) and a second end portion (Fig.35: bottom end portion of 9J) on an opposite side of the first end portion by the power source (7) (See Figs.35 and 38-39: 8J moves inside 8J between the upper/first end portion of 9J and the bottom/second end portion of 9J, and the second end portion is provided opposite the first end portion), wherein the electrical circuit breaker device (1J) includes a fuse functional circuit portion (30J) that is connected to the to-be-cut portion (4J) and has a fusion portion (53J) and an arc-extinguishing material ([0204]: "Arc-extinguishing material such as arc extinguishing sand is also accommodated in the second accommodation space S2"), the moving body (8J) includes a first moving body (82J) that moves by the power source (7) ([0208]: 7 is what actuates 8J, and thus also 82J), and the first moving body (82J) moves from the first end portion (Fig.35: upper end portion of 9J) toward the second end portion (Fig.35: bottom end portion of 9J) by the power source (7), and cuts off a cutting piece (41J) positioned between base pieces (40J and 42J) on both sides of the to-be-cut portion (4J) (Figs.35 and 38-39 and [0208]: 82J, which is a part of 8J, moves from the first end portion towards the second end portion via 7 to break 41J when 7 is energized), and the first moving body (82J) cuts off a part of the fuse functional circuit portion (30J) after the first moving body cuts (82J) off the cutting piece (41J) (Figs.35 and 38-39 and [0208]: after 41J is broken, 82J will break a portion of 5J).
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However, Fukuda does not disclose:
The moving body includes a second moving body that moves by a power of the first moving body, and the second moving body cuts off a part of the fuse functional circuit portion after the first moving body cuts off the cutting piece.
Kanematsu however teaches (Figs.1-6):
The moving body (3 and 8) includes a first moving body (8) that moves by the power source (7) (See Figs.5-6, [0013], and [0063]), and a second moving body (3) that moves by a power of the first moving body (8) ([0070]: "When the operating pin 8 moves, the auxiliary spacer 3 is pressed by the operating pin 8 to move the second conductive member 5 in the first direction D1"- 3 moves as a result of 8 moving and pushing 3), and the second moving body (3) cuts off a part of the fuse functional circuit portion (5) after the first moving body (8) cuts off the cutting piece (41) (Figs.5-6 and [0091]: 3 cuts off 51 of 5 after 8 breaks 41, and 51 will fall to S3 as a result of 3 breaking 5).
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 Kanematsu to modify the device of Fukuda such that the moving body includes a second moving body so that the moving body includes a first moving body that moves by the power source and a second moving body that moves by a power of the first moving body, and arranged such that the first moving body moves from the first end portion toward the second end portion by the power source to cut off the cutting piece, and such that the second moving body cuts off a part of the fuse functional circuit portion after the first moving body cuts off the cutting piece, as claimed, in order to provide an arrangement that can reduce the size of the housing, and thus provide a more compact device as taught by Kanematsu ([0070]: providing two separate bodies allows the first moving body to have a shorter rod length, which can ultimately lead to a smaller housing, and thus more compact device).
Regarding claim 5, Fukuda further discloses:
Wherein a length between cutting portions on both sides of the fuse functional circuit portion is shorter than a length between cutting portions of a cutting piece and base pieces on both sides of the to-be-cut portion, or a length (See Figure Below) between cutting portions (See Figure Below) on both sides of the fuse functional circuit portion (30J) is equal (See Figure Below) to a length (See Figure Below) between cutting portions (See Figure Below) of a cutting piece (41J) and base pieces (40J and 42J) on both sides of the to-be-cut portion (4J).
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Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Fukuda (WO 2020204154) (of record, cited in the IDS, including Original Document) and Kanematsu (JP 2021166177) as applied to claim 1 above, and further in view of Nakatani (WO 2019235082) (of record, cited in the IDS, including Original Document)1.
Regarding claim 4, modified Fukuda does not teach:
Wherein the second moving body includes an accommodating space through which a part of the fuse functional circuit portion is inserted and in which the arc-extinguishing material can be accommodated, and the second moving body moves to apply a pressing force to a part of the fuse functional circuit portion through the arc-extinguishing material to cut off the part of the fuse functional circuit portion.
Nakatani however teaches (Figs.16-18):
Wherein the moving body (500C) includes an accommodating space (X1C) through which a part (See Figs.16-17: part of 400C is inserted through X1C) of the fuse functional circuit portion (400C) is inserted and in which the arc-extinguishing material (M) can be accommodated (See Fig.17), and the moving body (500C) moves to apply a pressing force to a part of the fuse functional circuit portion (400C) through the arc-extinguishing material (400C) to cut off the part (See Fig.18) of the fuse functional circuit portion (400C) (Figs.17-18 and [0133]: since both the arc-extinguishing material M and 400C are inserted into X1C of 500C, 500C will apply a pressing force on a part of 400C via 560C and the arc-extinguishing material M when actuated by the power source P to cut off the part of 400C).
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 Nakatani to further modify the device of modified Fukuda such that the second moving body includes an accommodating space through which a part of the fuse functional circuit portion is inserted and in which the arc-extinguishing material can be accommodated so that the second moving body moves to apply a pressing force to a part of the fuse functional circuit portion through the arc-extinguishing material to cut off the part of the fuse functional circuit portion, as claimed, in order to provide an assembly that can better prevent the second moving body from being carbonized due to electrical arc as taught by Nakatani ([0135]).
Allowable Subject Matter
Claims 2-3 and 6 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, subject to the obviation of the objections outlined above.
The Office notes that claims 2-3 and 6 are each directed to a separate and distinct embodiment. Therefore, should Applicant decide to amend independent claims 1 such that it incorporates the subject matter of any one of claims 2-3 and 6, then the Office requests that Applicant review the remaining claims to be sure that no potential 112 issue is created (e.g., should Applicant amend claim 1 to incorporate the subject matter of claim 2, then at least claims 3 and 6 should be canceled since Applicant’s originally filed disclosure does not support an embodiment that has the combined subject matter of claims 1-3 and/or the combined subject matter of claims 1-2 and 6).
The following is a statement of reasons for the indication of allowable subject matter: the allowability resides in the overall structure and functionality of the device as recited in the combined subject matter of claims 1-2, 1 and 3, and/or the combined subject matter of claims 1 and 6, and at least in part, because claims 2-3 and 6 recite the limitations:
(Claim 2): “wherein an accommodating space in which the arc-extinguishing material of the fuse functional circuit portion is accommodated is a space different from an accommodating space in which the first moving body and the second moving body are movably accommodated, the fuse functional circuit portion includes a deformable connection portion that connects the fusion portion and the to-be-cut portion and is deformable, and the second moving body pushes out a part of the fuse functional circuit portion to cut off the fusion portion and deform the deformable connection portion”.
(Claim 3): “wherein the accommodating space in which the arc-extinguishing material of the fuse functional circuit portion is accommodated is the space different from an accommodating space in which the first moving body and the second moving body are movably accommodated, the fuse functional circuit portion includes at least two fusion portions, and the second moving body pushes out a part of the fuse functional circuit portion to break the fuse functional circuit portion”.
(Claim 6): “a conversion mechanism that converts a pressing force for moving the second moving body in a first direction from the first end portion to the second end portion into a tensile force in a second direction intersecting the first direction, wherein the tensile force cuts off a part of the fuse functional circuit portion”.
The aforementioned limitations, in combination with all remaining limitations of respective claims 2-3 and/or 6, are believed to render the combined subject matter of claims 1-2, 1 and 3, and/or the combined subject matter of claims 1 and 6, and all claims depending therefrom allowable over the prior art of record, taken either alone or in combination, subject to the obviation of the objections outlined above.
In the English Translation of the International Preliminary Report on Patentability Chapter I filed in the Japanese WIPO Office on 12/04/2023, the report also states that claims 2-3 and 6 are believed to be in condition for allowance. Therefore, claims 2-3 and 6 of the instant application are believed to be in condition for allowance for the same reasons as those outlined in the English Translation of the International Preliminary Report on Patentability Chapter I.
Additionally, in the Notice of Reasons for Refusal filed in the Japanese Patent Office (JPO) on 01/30/2024, the Office action also states that claims 2-3 and 6 are believed to be in condition for allowance. Therefore, claims 2-3 and 6 of the instant application are also believed to be in condition for allowance for the same reasons provided in the JPO Office action.
The remaining prior art references teach other circuit breaking devices. However, none of the remaining prior art references, taken alone or in combination, are believed to teach and/or suggest any of the allowable limitations as respectively recited in claims 2-3 and 6. Therefore, none of the prior art references, taken alone or in combination, are believed to render the claimed invention unpatentable as claimed, subject to the obviation of the objections outlined above.
Finally, the Office has not identified any double patenting issues. For all of the reasons provided above, claims 2-3 and 6 are believed to be in condition for allowance, subject to the obviation of the objections outlined above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20240249899: teaches a circuit breaker that has a breakable conductive conductor and a fusible conductor.
US 20230154713: teaches a circuit breaker that has a breakable conductive conductor and a fusible conductor.
US 20220189723: teaches a circuit breaker that has a breakable conductor and a plurality of fuse members that are connected together.
US 20200211804: teaches a circuit breaker that has a breakable conductor and a removable fuse element.
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/STEPHEN S SUL/Primary Examiner, Art Unit 2835
1 Examiner’s Note: refer to US 20210233729 (of record, cited in the IDS) for all paragraph citations since it is the US equivalent of the WIPO document.