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.
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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of U.S. Patent No. 12,562,323 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they can be interpreted to describe substantially identical or very similar a gate drive system with essentially the same relationship. Regarding claims 1 and 20 of instant application, see comparison with claims 11 and 20 of US Publication No. 2025/0323583 A1, respectively. Differences between the respective claims are underlined.
Instant application 18/696,523
U.S. Patent No. 12,562,323 B2
Claim 21. a circuit breaker device for protecting an electrical low-voltage circuit, the circuit breaker device comprising:
a housing having network-side connections and load-side connections for the low-voltage circuit;
an electronic interruption unit associated with said network-side connections (1), said electronic interruption unit having semiconductor-based switching elements;
a mechanical isolating contact unit, connected in series with said electronic interruption unit, said mechanical isolating contact unit being associated with said load-side connections, and said mechanical isolating contact unit having at least one contact;
a handle configured to operate said mechanical isolating contact unit for switching opening of said at least one contact to avoid a current flow or closing of said at least one contact for a current flow in the low-voltage circuit (3);
said semiconductor-based switching elements configured to be switched to a high-impedance state to avoid a current flow or a low-impedance state for a current flow in the low-voltage circuit (2);
a current sensor unit for determining a current level of the low-voltage circuit;
a control unit connected to said current sensor unit, to said mechanical isolating contact unit and to said electronic interruption unit, for initiating avoidance of a current flow in the low-voltage circuit upon exceeding at least one of current limit values or current-time limit values; and
said mechanical isolating contact unit having a handle sensor for determining position information relating to said handle (3).
Claim 1. A circuit breaker for protecting an electrical low-voltage circuit, the circuit breaker comprising:
a housing having first and second network-side connections and first and second load-side connections;
an electronic interruption unit having semiconductor-based switching elements and being switched, by means of said semiconductor-based switching elements, to a high-impedance state to avoid a current flow or a low-impedance state of said semiconductor-based switching elements for allowing the current flow in the electrical low-voltage circuit (2);
a mechanical isolating contact unit connected in series with said electronic interruption unit, wherein said mechanical isolating contact unit is assigned to said load-side connections and said electronic interruption unit is assigned to said network-side connections (1), wherein said mechanical isolating contact unit having contacts being switched by opening said contacts to avoid the current flow or closing of said contacts for allowing the current flow in the electrical low-voltage circuit;
a current sensor for determining a level of a current of the electrical low-voltage circuit;
a controller connected to said current sensor, said mechanical isolating contact unit and said electronic interruption unit, wherein avoidance of the current flow in the electrical low-voltage circuit is initiated if current limit values or/and current-time limit values are exceeded, wherein said mechanical isolating contact unit is configured such that said contacts are opened, but not closed, by said controller; and
a first measurement impedance disposed between said first and second load-side connections, such that, when said contacts of said mechanical isolating contact unit are open, a current could flow from said first load-side connection to said second load-side connection via said first measurement impedance.
Claim 3. The circuit breaker according to claim 1, wherein said mechanical isolating contact unit has a handle for opening and closing said contacts; and further comprising a position sensor connected to said controller and determining a position of said handle and transmits a determined position to said controller (3).
Note: claim 21 of instant application are not exactly limitations as claim 3 of U.S. Patent No. 12,562,323 B2. However, they are the same functions. Therefore, these limitations are obvious by system of U.S. Publication No. 2025/0323583 A1.
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 21-23, 38 and 40 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Koshin et al. (hereinafter Koshin, US 2010/0277846 A1).
For claim 21, Koshin discloses a circuit breaker device for protecting an electrical low-voltage circuit (Fig. 1 of Koshin discloses a circuit breaker device for protecting an electrical low-voltage circuit – see Koshin, Fig. 1, paragraph [0026]), the circuit breaker device comprising:
a housing having network-side connections and load-side connections for the low-voltage circuit (Fig. 1 of Koshin discloses a housing 2 having network-side connections 2a and load-side connections 2b for the low-voltage circuit – see Koshin, Fig. 1, paragraphs [0026] and [0030]);
an electronic interruption unit (Fig. 1 of Koshin discloses a semiconductor switch 11, diode 12 and fuse 8 which altogether constitute an electronic interruption unit (8,11,12)) associated with the network-side connections, the electronic interruption unit having semiconductor-based switching elements (Fig. 1 of Koshin discloses an electronic interruption unit (8,11,12) associated with the network-side connections 2a, the electronic interruption unit 11 having semiconductor-based switching elements 11, 12 – see Koshin, Fig. 1, paragraphs [0027]-[0028]);
a mechanical isolating contact unit (Fig. 1 of Koshin discloses a mechanical contacts 10, switching mechanism unit 3, a position detection unit 4, a tripper 6, a mechanical contact 10 and handle 30 which altogether constitute a mechanical isolating contact unit (3,4,6,10,30)), connected in series with the electronic interruption unit, the mechanical isolating contact unit being associated with the load-side connections 2b, and the mechanical isolating contact unit having at least one contact (Fig. 1 of Koshin discloses a mechanical isolating contact unit (3,4,6,10,30) connected in series with the electronic interruption unit (8,11, 12), the mechanical isolating contact unit (3,4,6,10,30) being associated with the load-side connections 2b, and the mechanical isolating contact unit (3,4,6,10,30) having at least one contact 10 – see Koshin, Fig. 1, paragraph [0027]-[0028]);
a handle configured to operate said mechanical isolating contact unit for switching opening of said at least one contact to avoid a current flow or closing of said at least one contact for a current flow in the low-voltage circuit (Fig. 1 of Koshin discloses a handle 30 of switching mechanism unit 3 configured to operate the mechanical isolating contact unit 10 for switching opening of the at least one contact 10 to avoid a current flow or closing of the at least one contact 10 for a current flow in the low-voltage circuit – see Koshin, Fig. 1, paragraph [0030] and [0034]-[0035]);
the semiconductor-based switching elements configured to be switched to a high-impedance state to avoid a current flow or a low-impedance state for a current flow in the low-voltage circuit (Fig. 1 of Koshin discloses the semiconductor-based switching elements 11,12 configured to be switched to a high-impedance state (it means that the semiconductor-based switching elements 11, 12 turned OFF) to avoid a current flow or low-impedance state (it means that the semiconductor-based switching elements 11,12 turned ON) for a current flow in the low-voltage circuit – see Koshin, Fig. 1, paragraph [0027]);
a current sensor unit for determining a current level of the low-voltage circuit (Fig. 1 of Koshin discloses a current sensor 5 for determining a current level of the low-voltage circuit – see Koshin, Fig. 1, paragraph [0037]);
a control unit connected to the current sensor unit, to the mechanical isolating contact unit and to the electronic interruption unit, for initiating avoidance of a current flow in the low-voltage circuit upon exceeding at least one of current limit values or current-time limit values (Fig. 1 of Koshin discloses a control unit 7 connect to the current sensor unit 5, to the mechanical isolating contact unit 10 and to the electronic interruption unit (8,11,12), for initiating avoidance of a current flow in the low-voltage circuit upon exceeding at least one of current limit values “overcurrent judging threshold” or current-time limit values “predetermined period” – see Koshin, Fig. 1, paragraphs [0039] and [0043]-[0044]); and
the mechanical isolating contact unit having a handle sensor for determining position information relating to said handle (Fig. 1 of Koshin discloses the mechanical isolating contact unit (3,4,6,10,30) having a handle sensor 4 for determining position information relating to the handle 30 – see Koshin, Fig. 1, paragraph [0036]).
For claim 22, Koshin discloses the circuit breaker device according to claim 21, wherein the handle sensor is connected to the control unit for providing the control unit with the position information relating to the position or movement of said handle and a closed or open state of said at least one contact to be provided by using the handle (Fig. 1 of Koshin discloses the handle sensor 4 which is connected to the control unit 7 for providing the control unit 7 with the position information relating to the position or movement of the handle 30 and a closed or open state of the at least one contact 10 to be provided by using the handle 30 – see Koshin, Figs. 1 and 2A-2B, paragraph [0036] and [0041]-[0042]).
For claim 23, Koshin discloses the circuit breaker device according to claim 21, wherein the position information from the handle sensor is processed in the circuit breaker device (Fig. 1 of Koshin discloses the position information from the handle sensor 4 is processed in the circuit breaker device included in housing 2 as shown in Fig. 1 – see Koshin, Fig. 1, paragraphs [0046]-[0048]).
For claim 38, Koshin discloses the circuit breaker device according to claim 21, wherein said control unit has a microcontroller (Fig. 1 of Koshin discloses the control unit 7 which has a microcontroller – see Koshin, Fig. 1, paragraph [0039], lines 1-2).
For claim 40, Koshin discloses a handle sensor for a mechanical isolating contact unit (Fig. 1 of Koshin discloses a handle sensor 4 for mechanical isolating contact unit – see Koshin, Fig. 1, paragraphs [0035]-[0036]) having a handle for a circuit breaker device for a low-voltage circuit according to claim 21 (same as explanation in claim 21 above).
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 24-27, 33-36 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Koshin et al. (hereinafter Koshin, US 2010/0277846 A1) in view of Kumar et al. (hereinafter Kumar, US 2021/0066013 A1).
For claim 24, Koshin discloses all limitations as applied to claim 21. Koshin the position information which is silent for being used to carry out functional checks of the circuit breaker device based on the position information. However, Kumar discloses the circuit braker device (Kumar discloses the circuit braker device 100 which is similar as Koshin’s the circuit breaker device -- Fig. 1 of Koshin). Kumar discloses the position information which is used to carry out functional checks of the circuit breaker device based on the position information (Figs. 2 and 23 of Kumar disclose the position information which is used to carry out functional checks (Fig. 23 of Kuma discloses function checks by testing whether the one or more the microswitches 115 has/have failed) of the circuit breaker device 100 based on the position information – see Kumar, Figs. 2 and 23, paragraphs [0031] and [0062]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify teaching of Koshin to incorporate teaching of Kumar for purpose of reducing risk of fire, damage to electrical equipment.
For claim 25, Koshin in view of Kumar disclose the circuit breaker device according to claim 24, wherein: a voltage level across the electronic interruption unit is determined for the functional check of the circuit breaker device upon the at least one contact of the mechanical isolating contact unit being open and the electronic interruption unit having been switched to high impedance (Figs. 1 and 9A-9B of Kumar disclose a voltage level across the electronic interruption unit 106 is determined for the functional check of the circuit breaker device upon the at least one contact of the mechanical isolating contact unit 114 being open and the electronic interruption unit 116 having been switched to high impedance (Switch OFF Power FET 116) – see Kuma, Figs. 1 and 9A-9B, paragraph [0045]); and
a first fault condition is present upon a first voltage threshold value being undershot (Fig. 1 of Kumar discloses V (Line-OUT) at terminal 112 does go low that assigned as a first voltage threshold value being undershot – see Kumar, Fig. 1, paragraph [0045], lines 43-57), for at least one of preventing the electronic interruption unit from having a low impedance or preventing closing of the at least one contact (see Kuma, Figs. 1 and 9A-9B, paragraphs [0045]).
For claim 26, Koshin in view of Kumar disclose the circuit breaker device according to claim 25, wherein: the electronic interruption unit is switched to a low-impedance state for a first period of time and the voltage level across the electronic interruption unit is determined, for the functional check of the circuit breaker device upon the at least one contact of the mechanical isolating contact unit being open and the electronic interruption unit having been switched to high impedance (Figs. 1 and 10A-10B of Kumar discloses the electronic interruption unit 106 which is switched to a low-impedance state (Switches 116 are ON state) for a first period of time and the voltage level across the electronic interruption unit 106 is determined, for the functional check of the circuit breaker device upon the at least one contact of the mechanical isolating contact unit 114 being open and the electronic interruption unit 106 having been switched to high impedance (switches 116 are OFF) – see Kumar, Figs. 1 and 10A-10B, paragraph [0048]); and
a second fault condition is present upon exceeding a second voltage threshold value, for at least one of preventing said electronic interruption unit from having a low impedance or preventing closing of the at least one contact (Fig. 1 of Koshin discloses a second fault condition which is present upon exceeding a second voltage threshold value, for at least one of preventing the electronic interruption unit 11 from having a low impedance (semiconductor switch 11 is ON) or preventing closing of the at least one contact 10 – see Koshin, Fig. 1, paragraph [0043]).
For claim 27, Koshin in view of Kumar disclose the circuit breaker device according to claim 25, wherein closing of the at least one contact of the mechanical isolating contact unit is prevented upon a fault condition being present and no enable signal being emitted to the mechanical isolating contact unit (Fig. 1 of Koshin discloses closing of the at least one contact 10 of the mechanical isolating contact unit (3,4,6,10,30) is prevented upon a fault condition being present and no enable signal being emitted to the mechanical isolating contact unit (3,4,6,10,30) – see Koshin, Fig. 1, paragraph [0044]).
For claim 33, Koshin discloses all limitation as applied to claim 22 above. Koshin the mechanical isolating contact unit (Fig. 1 of Koshin discloses the mechanical isolating contact unit 10 which is controlled by switching mechanism unit 3 which is configured to move the handle 30 – see Koshin, Fig. 1, paragraph [00.38]) which is silent for being configured to permit the position of the handle to differ from the closed or open state of said at least one contact. However, Kumar discloses the mechanical isolating contact unit which is silent for being configured to permit the position of the handle to differ from the closed or open state of the at least one contact (Fig. 1 of Kumar discloses the mechanical isolating contact unit 114 which is configured to permit the position of the handle (122, 160) to differ from the closed or open state of the at least one contact controlled by MCU 102 – see Kumar, Fig. 1, paragraphs [0036]-[0038]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify teaching of Koshin to incorporate teaching of Kumar for purpose of increasing safety and reducing repetitive contacting operations.
For claim 34, Koshin in view of Kumar disclose the circuit breaker device according to claim 33, wherein the mechanical isolating contact unit has a position sensor for determining position information relating to the closed or open state of the at least one contact (Fig. 1 of Koshin discloses the mechanical isolating contact unit 10 which has a position sensor 4 for determining position information relating to the closed or open state of the at least one contact 10 – see Koshin, Fig. 1, paragraphs [0035]-[0036]).
For claim 35, Koshin discloses all limitations as applied to claim 21 above. Koshin discloses the mechanical isolating contact unit which is silent to be configured to permit the at least one contact to be opened, but not closed, by the control unit; and the mechanical isolating contact unit is configured to permit the handle to close the at least one contact only upon an enable signal being present. However, Kumar discloses the mechanical isolating contact unit which is silent to be configured to permit the at least one contact to be opened, but not closed, by the control unit; and the mechanical isolating contact unit is configured to permit the handle to close the at least one contact only upon an enable signal being present (Fig. 1 of Kumar discloses the mechanical isolating contact unit 114 which is configured to permit the at least one contact to be opened, but not closed, by the control unit 102; and the mechanical isolating contact unit 114 which is configured to permit the handle 144 to close the at least one contact only upon an enable signal being present – see Kumar, Fig. 1, paragraphs [0037]- [0038]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify teaching of Koshin to incorporate teaching of Kumar for purpose of increasing safety and reducing repetitive contacting operations.
For claim 36, Koshin discloses all limitations as applied to claim 21 above. Koshin discloses network-side and load-side phase conductor connections, and a series circuit of an electronic interruption unit and a contact of the mechanical isolating contact unit between each of the further network-side and load-side phase conductor connections (Fig. 1 of Koshin discloses network-side and load-side phase conductor connections 2a, 2b, and a series circuit of an electronic interruption unit (8, 11, 12) and a contact 10 of the mechanical isolating contact unit (3,4,6,10,30) between each of the further network-side and load-side phase conductor connections , wherein the Koshin’s system is silent for a low-voltage three-phase AC circuit. However, Kumar discloses network-side and load-side phase conductor connections, and a series circuit of an electronic interruption unit and a contact of the mechanical isolating contact unit between each of the further network-side and load-side phase conductor connections, for a low-voltage three-phase AC circuit (Fig. 1 of Kumar discloses network-side and load-side phase conductor connections 110, 112, and a series circuit of an electronic interruption unit 116 and a contact of the mechanical isolating contact unit 114 between each of the further network-side and load-side phase conductor connections, for a low-voltage three-phase AC circuit 110 – see Kumar, Fig. 1, paragraph [0034]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify teaching of Koshin to incorporate teaching of Kumar for purpose of providing more power with greater efficiency.
For claim 39, Koshin discloses all limitations as applied to claim 21 above. Koshin is silent for discloses checking functions are started after closing of the at least one contact being captured by said handle sensor, and the electronic interruption unit being switched on in an event of a fault-free test. However, Kumar discloses checking functions are started after closing of the at least one contact being captured by said handle sensor, and the electronic interruption unit being switched on in an event of a fault-free test (see Kumar, Fig. 8, paragraph [0043]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify teaching of Koshin to incorporate teaching of Kumar for purpose of ensuring reliability, safety and improving product quality
Allowable Subject Matter
Claims 28-32 and 37 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAI T DINH whose telephone number is (571)270-3852. The examiner can normally be reached (571)270-3852.
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/THAI T DINH/Primary Examiner, Art Unit 2846