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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Fellmer [DE 102015224658 A1], Applicant cited prior art, see machine translation, in view of Chou [CN 106158517 A]
Claim 1, Fellmer discloses a power contactor [100; figure 5] comprising: a fixed part [70] comprising two fixed elements [1’, 2’]; a moveable part [3]; able to come into contact with the fixed part and to move between an open position and a closed position of the contactor, the moveable part [3] comprising two switching elements [1, 2] and two conducting elements [4], and the distance between the fixed part [70] and the two conducting elements [4] being greater than the distance between the fixed part [70] and the two switching elements [1’, 2’] in open position of the contactor [figure 5], such that the switching elements [1, 2] come into contact with the fixed part [70] before the conducting elements [4] when the contactor changes from open position to closed position [figure 5]; and a motor [35] configured to actuate the moveable part [3] and to place it in contact with the fixed part [70], wherein the switching elements [1, 2] and conducting elements [4] are mounted in parallel on one same shaft [10] and in that the contactor comprises at least one spring [21] positioned between the motor and the switching elements to apply pressure on the switching elements, and at least one spring [22] positioned between the motor and the conducting elements to apply pressure on the conducting elements [springs 21 and 22 apply pressure to open the contacts; translation page 6 paragraph 10].
Fellmer fails to teach that at least one a first spring positioned between the motor and the switching elements along the same shaft to apply pressure on the switching elements, and at least one a second spring positioned between the motor and the conducting elements along the same shaft [5] to apply pressure on the conducting elements.
Chou teaches a power contactor [figure 3] comprising a motor [not labeled, lower part of figure 3 with the coil and movable core], a shaft [5], at least one a first spring [7] positioned between the motor and the switching elements [2] along the same shaft [5] to apply pressure on the switching elements [2], and at least one a second spring [10] positioned between the motor and the conducting elements [2] along the same shaft [5] to apply pressure on the conducting elements [2].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to relocate the first and second springs of Fellmer so that they are located outside of the coil as taught by Chou in order to change the shape of the contactor, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim 2, Fellmer as modified discloses the power contactor according to claim 1, wherein Fellmer further discloses that the material of the switching elements differs from the material of the conducting elements [1, 1’, 2 and 2’ are made from tungsten (translation page 6 paragraph 1) while 4 and 4’ are made from silver (translation page 6 paragraph 3)].
Claim 3, Fellmer as modified discloses a method of closing a power contactor in open position according to claim 1, wherein Fellmer further discloses comprising the contacting of the switching elements [1, 2] with the fixed part [70], followed by contacting of the conducting elements [4] with the fixed part [70; see figure 5, 1 and 2 contact 70 before 4; translation page 6 paragraph 9].
Claim 4, Fellmer as modified discloses a method of opening a power contactor in closed position according to claim 1, wherein Fellmer further discloses comprising the opening of the contact between the conducting elements [4] and the fixed part [70], followed by opening of the contact between the switching elements [1 and 2] and the fixed part [70; figure 5 shown the intermediate step of opening and closing the contactor; 4 and 70 separates before 1 and 2 contact 70; translation page 6 paragraph 9].
Claim 5, Fellmer as modified discloses the power contactor according to claim 2, wherein Fellmer further discloses that the switching elements include tungsten [translation page 6 paragraph 1] and the conducting elements include silver [translation page 6 paragraph 3].
Fellmer fails to teach that the switching elements include silver tin oxide (AgSnO2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the composition of the switching elements in order to adjust how the switching elements are effected by current arcing, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim 6, Fellmer as modified discloses the power contactor according to claim 1, with the exception of the switching elements and the conducting elements include a same material. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the composition of the switching elements and the conducting elements in order to adjust how switching elements and the conducting elements are effected by current arcing, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim 7, Fellmer as modified discloses the power contactor according to claim 1, wherein Fellmer further discloses that the motor is an electromagnetic motor comprising a coil [35].
Claim 8, Fellmer as modified discloses the power contactor according to claim 1, wherein Fellmer further discloses that the motor is a mechanical motor [movable anchors 10, 15 and coil 35].
Claim 9, Fellmer as modified discloses power contactor according to claim 1, wherein the first spring [21] and the second spring [22] each apply an initial force to the moveable part [10] when the contactor is in open position [springs 21 and 22 apply pressure to open the contacts; translation page 6 paragraph 10].
Claim 10, Fellmer as modified discloses the power contactor according to claim 1, wherein Fellmer further discloses that the first spring [21] and the second spring [22] are each placed around the shaft [10].
Response to Arguments
Applicant’s arguments, filed 05/21/2026, with respect to the rejection(s) of claim(s) 1-4 under Fellmer [DE 102015224658 A1] have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Chou [CN 106158517 A]. Chou teaches an alternative placement of the first and second springs as applied above. In combination with Fellmer, the invention as claimed is taught as detailed above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/BERNARD ROJAS/Primary Examiner, Art Unit 2837
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