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 7, 13 and 16 are objected to because of the following informalities:
In claim 7, in the last two “wherein” recitations, “the collected date” should be “the collected data” and “stored dated” “should be “stored data”. Note the interpretation applied for the last “wherein” recitation of claim 7 as discussed in connection with the 35 U.S.C 112(b) rejection of claim 7 set forth below.
In claim 13, line 2 “the controller internal controller” should be “the internal controller”.
In claim 16, line 2 “he” should be “the”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites “The power switch as recited in claim 1, wherein the power switch is a contactor”. Claim 1 recites “A power switch for use in an electrical system, the power switch comprising a housing; a controller positioned in the housing; at least one sensor positioned in the housing and provided in electrical communication with the controller, the at least one sensor collects data in real time from inside the housing; wherein the collected data is sent to the controller in real time and analyzed to determine if the operation of the power switch is within designated safety ranges”. The broadest reasonable interpretation of claim 1 is a power switch comprising only the recited combination of elements (i.e., a housing, a controller, a sensor). It is not clear in claim 5 how a power switch comprising only these elements could be regarded as constituting a “contactor” (i.e., an electronically controlled power switching device) as that term would be understood by one of ordinary skill in the art in light of the disclosure. The analogous issue is present in claim 11. Clarification is required so that the scope of the claims is clear. For purposes of the present examination, claims 5 and 11 are interpreted to mean “wherein the power switch further comprises a contactor”. Claim 6 is rejected under 35 U.S.C. 112(b) by virtue of its dependence from claim 5.
In claim 7, the meaning of the language “wherein the controller terminated the operation of the power switch if the collected date in to within the designated safety ranges” is unclear. As best understood by the examiner in light of the specification, the intended meaning of this language appears to be “wherein the controller terminates the operation of the power switch if the collected data is not within the designated safety ranges”. This interpretation is applied for purposes of the present examination. Clarification is required so that the scope of the claim is clear. Claims 8-12 are rejected under 35 U.S.C. 112(b) by virtue of their dependence from claim 7.
In claim 12, “the contactor” lacks antecedent basis, rendering the scope of the claim unclear. It appears that claim 12 may have been intended to depend from claim 11 instead of claim 7, and this dependence is presumed for purposes of the present examination.
In claim 13, the meaning of the language “transmitting real time collected data back from sensors located internal to a housing of a power switch internal controller located internal to the housing of the power switch” is unclear. As best understood by the examiner in light of the specification, the intended meaning of this language appears to be “transmitting real time collected data back from sensors located internal to a housing of a power switch to an internal controller located internal to the housing of the power switch”. This interpretation is applied for purposes of the present examination. Clarification is required so that the scope of the claim is clear. Claims 14-20 are rejected under 35 U.S.C. 112(b) by virtue of their dependence from claim 13.
In claim 14, “the communication bus outside” lacks antecedent basis, rendering the scope of the claim unclear.
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 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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0365338 to Rushabh et al. (Rushabh).
Regarding claim 1, Rushabh discloses a power switch for use in an electrical system, the power switch comprising
a housing (Rushabh, e.g., Figs. 1-5 and paragraphs 42-86, contactor housing 20 of contactor 12 such as shown in Figs. 1-3);
a controller positioned in the housing (Rushabh, e.g., Figs. 1-5 and paragraphs 42-86, controller 91 of control system 90 shown in Fig. 5; also see paragraph 69, the control system 90 may be located within the housing 20 of the contactor 12);
at least one sensor positioned in the housing and provided in electrical communication with the controller, the at least one sensor collects data in real time from inside the housing (Rushabh, e.g., Figs. 1-5 and paragraphs 42-86, sensor 70, e.g., a Hall effect sensor shown in Figs. 3-4; note in Fig. 3 that sensor 70 is contained withing housing 20 of the contactor 12; also see paragraph 54, sensor 70 is of a type such that signals provided at output terminal(s) thereof are processable to derive an instantaneous location of the sensor 70 relative to the magnet 69, and thus derive an instantaneous location of the contact carrier 50 relative to the stationary contacts 46 and the housing 20; also see paragraph 63, DSP 77 is configured to process the input signals, which are derived from the sensor 70, and to provide an output indicative of the contact carrier 50 relative to the stationary contacts 46; also see paragraph 66, controller 91 is configured to receive the sensor position output signals of the signal processor 85; in this way, the controller 91 is provided with information about the location of the contact carrier 50 relative to the sensor 70; moreover, the controller 91 receives the location information in real-time);
wherein the collected data is sent to the controller in real time and analyzed to determine if the operation of the power switch is within designated safety ranges (Rushabh, e.g., Figs. 1-5 and paragraphs 42-86; see paragraph 70 in particular, one of the functions of the controller 91 is to monitor the condition of the contactor 12; in particular, the controller 91 is configured to use the information about the position of the contact carrier 50 relative to the sensor 70, as provided by the signal processor 85, to determine whether the operation of the contactor 12 is healthy, whether there is a fault, and whether a fault is developing; also see paragraph 72, the controller 91 is able to detect deterioration in the operation of the contactor by determining the time taken for the contactor to move from the contacts open position to the contacts close position after an energising signal is provided to the electromagnetic coil 56; for instance, the controller 91 may be able to detect whether the time taken for the contactor 12 to move from the contacts open position to the contacts closed position is within a predetermined range, or whether it falls outside that range; the determination as to whether the time falls within or without the range provides an indication as to whether the contactor 12 is developing a fault and thus may fail at a time in the future; also see paragraphs 74-76 and 84).
Regarding claim 2, Rushabh discloses wherein the controller is a microcontroller (Rushabh, e.g., Fig. 5 and paragraph 65, control system 90 is based around a controller 91; this may take any suitable form, and may for example a programmed microprocessor, one or more digital signal processors (DSPs), one or more microcontrollers, application specific integrated circuits (ASICs), field programmable logic arrays (FPGAs), or other equivalent integrated or discrete logic circuitry).
Regarding claim 3, Rushabh discloses wherein the controller includes a memory (Rushabh, e.g., Fig. 5 and paragraph 65, control system 90 is based around a controller 91; this may take any suitable form, and may for example a programmed microprocessor, one or more digital signal processors (DSPs), one or more microcontrollers, application specific integrated circuits (ASICs), field programmable logic arrays (FPGAs), or other equivalent integrated or discrete logic circuitry; it is implicit in the case of a microcontroller that controller 91 includes a memory storing programmed instructions).
Regarding claim 4, Rushabh discloses wherein a communications bus extends from the controller to outside of the housing of the power switch (Rushabh, e.g., Fig. 5 and paragraph 68, controller 91 is configured to provide reporting signals on a reporting line output 97; this allows for reporting of the status of the contactor 12 over an industrial communication network; the reporting line output 97 may for instance be part of an Ethernet, Profibus or Modbus link).
Regarding claim 5, Rushabh discloses wherein the power switch is a contactor (see 35 U.S.C. 112(b) rejection of claim 5 set forth above, this language is interpreted as “wherein the power switch further comprises a contactor”; Rushabh, e.g., Figs. 1-5 and paragraphs 42-86, contactor 12).
Regarding claim 6, Rushabh discloses wherein the contactor has fixed contacts and a movable electrical contact bridge (Rushabh, e.g., Figs. 1-5 and paragraphs 42-86; see Fig. 3 in particular, fixed contacts including stationary contacts 46 and movable electrical contact bridge including a pair of moveable contacts 48 mounted to a moveable contact carrier 50).
Regarding claim 7, Rushabh discloses a power switch electrical control system comprising:
a controller positioned inside a housing of a power switch (Rushabh, e.g., Figs. 1-5 and paragraphs 42-86, controller 91 of control system 90 shown in Fig. 5; also see paragraph 69, the control system 90 may be located within the housing 20 of the contactor 12);
one or more sensors positioned inside the housing of the power switch, the one or more sensors provided in electrical communication with the controller (Rushabh, e.g., Figs. 1-5 and paragraphs 42-86, sensor 70, e.g., a Hall effect sensor shown in Figs. 3-4; note in Fig. 3 that sensor 70 is contained withing housing 20 of the contactor 12; also see paragraph 54, sensor 70 is of a type such that signals provided at output terminal(s) thereof are processable to derive an instantaneous location of the sensor 70 relative to the magnet 69, and thus derive an instantaneous location of the contact carrier 50 relative to the stationary contacts 46 and the housing 20; also see paragraph 63, DSP 77 is configured to process the input signals, which are derived from the sensor 70, and to provide an output indicative of the contact carrier 50 relative to the stationary contacts 46; also see paragraph 66, controller 91 is configured to receive the sensor position output signals of the signal processor 85; in this way, the controller 91 is provided with information about the location of the contact carrier 50 relative to the sensor 70; moreover, the controller 91 receives the location information in real-time);
wherein the one or more sensors collect data in real time from inside the housing of the power switch and transmit the collected data to the controller (see Rushabh as applied above, e.g., paragraph 66, controller 91 is configured to receive the sensor position output signals of the signal processor 85; in this way, the controller 91 is provided with information about the location of the contact carrier 50 relative to the sensor 70; moreover, the controller 91 receives the location information in real-time);
wherein the controller compares the collected date and stored dated to determine if the collected date is within designated safety ranges (Rushabh, e.g., Figs. 1-5 and paragraphs 42-86; see paragraph 70 in particular, one of the functions of the controller 91 is to monitor the condition of the contactor 12; in particular, the controller 91 is configured to use the information about the position of the contact carrier 50 relative to the sensor 70, as provided by the signal processor 85, to determine whether the operation of the contactor 12 is healthy, whether there is a fault, and whether a fault is developing; also see paragraph 72, the controller 91 is able to detect deterioration in the operation of the contactor by determining the time taken for the contactor to move from the contacts open position to the contacts close position after an energising signal is provided to the electromagnetic coil 56; for instance, the controller 91 may be able to detect whether the time taken for the contactor 12 to move from the contacts open position to the contacts closed position is within a predetermined range, or whether it falls outside that range; the determination as to whether the time falls within or without the range provides an indication as to whether the contactor 12 is developing a fault and thus may fail at a time in the future; also see paragraphs 74-76 and 84; the examiner notes that Rushabh’s determination of whether the time taken for the contactor 12 to move from the contacts open position to the contacts closed position is within a predetermined range, or whether it falls outside that range implicitly entails a comparison of the collected data with stored data performed by the controller 91);
wherein the controller terminated the operation of the power switch if the collected date in to within the designated safety ranges (see 35 U.S.C. 112(b) rejection above, this language is interpreted as “wherein the controller terminates the operation of the power switch if the collected data is not within the designated safety ranges”; Rushabh, e.g., paragraph 81, the indication of impending or existing fault may take the form of a warning light or alarm, a user alert, or an automatic shutdown for contactor replacement; if the wellness metric (or metrics) does not exceed the corresponding threshold, then the contactor is permitted to continue operation cycles).
Regarding claim 8, Rushabh discloses wherein the controller is a microcontroller (Rushabh, e.g., Fig. 5 and paragraph 65, control system 90 is based around a controller 91; this may take any suitable form, and may for example a programmed microprocessor, one or more digital signal processors (DSPs), one or more microcontrollers, application specific integrated circuits (ASICs), field programmable logic arrays (FPGAs), or other equivalent integrated or discrete logic circuitry).
Regarding claim 9, Rushabh discloses wherein the controller includes a memory (Rushabh, e.g., Fig. 5 and paragraph 65, control system 90 is based around a controller 91; this may take any suitable form, and may for example a programmed microprocessor, one or more digital signal processors (DSPs), one or more microcontrollers, application specific integrated circuits (ASICs), field programmable logic arrays (FPGAs), or other equivalent integrated or discrete logic circuitry; it is implicit in the case of a microcontroller that controller 91 includes a memory storing programmed instructions).
Regarding claim 10, Rushabh discloses wherein a communications bus extends from the controller to outside of the housing of the power switch (Rushabh, e.g., Fig. 5 and paragraph 68, controller 91 is configured to provide reporting signals on a reporting line output 97; this allows for reporting of the status of the contactor 12 over an industrial communication network; the reporting line output 97 may for instance be part of an Ethernet, Profibus or Modbus link).
Regarding claim 11, Rushabh discloses wherein the power switch is a contactor (see 35 U.S.C. 112(b) rejection of claim 11 set forth above, this language is interpreted as “wherein the power switch further comprises a contactor”; Rushabh, e.g., Figs. 1-5 and paragraphs 42-86, contactor 12).
Regarding claim 12, Rushabh discloses wherein the contactor has fixed contacts and a movable electrical contact bridge (Rushabh, e.g., Figs. 1-5 and paragraphs 42-86; see Fig. 3 in particular, fixed contacts including stationary contacts 46 and movable electrical contact bridge including a pair of moveable contacts 48 mounted to a moveable contact carrier 50).
Regarding claim 13, Rushabh discloses a method of monitoring the operation of an electrical control system of a power switch, the method including:
transmitting real time collected data back from sensors located internal to a housing of a power switch internal controller located internal to the housing of the power switch (see 35 U.S.C. 112(b) rejection of claim 13 set forth above, this language is interpreted as “transmitting real time collected data back from sensors located internal to a housing of a power switch to an internal controller located internal to the housing of the power switch”’ Rushabh, e.g., Figs. 1-5 and paragraphs 42-86, sensor 70, e.g., a Hall effect sensor shown in Figs. 3-4; note in Fig. 3 that sensor 70 is contained withing housing 20 of the contactor 12; also see paragraph 54, sensor 70 is of a type such that signals provided at output terminal(s) thereof are processable to derive an instantaneous location of the sensor 70 relative to the magnet 69, and thus derive an instantaneous location of the contact carrier 50 relative to the stationary contacts 46 and the housing 20; also see paragraph 63, DSP 77 is configured to process the input signals, which are derived from the sensor 70, and to provide an output indicative of the contact carrier 50 relative to the stationary contacts 46; also see paragraph 66, controller 91 is configured to receive the sensor position output signals of the signal processor 85; in this way, the controller 91 is provided with information about the location of the contact carrier 50 relative to the sensor 70; moreover, the controller 91 receives the location information in real-time);
comparing, in real time, the collected data to data stored in the controller internal controller to determine if the collected data is within the designated safety ranges (Rushabh, e.g., Figs. 1-5 and paragraphs 42-86; see paragraph 70 in particular, one of the functions of the controller 91 is to monitor the condition of the contactor 12; in particular, the controller 91 is configured to use the information about the position of the contact carrier 50 relative to the sensor 70, as provided by the signal processor 85, to determine whether the operation of the contactor 12 is healthy, whether there is a fault, and whether a fault is developing; also see paragraph 72, the controller 91 is able to detect deterioration in the operation of the contactor by determining the time taken for the contactor to move from the contacts open position to the contacts close position after an energising signal is provided to the electromagnetic coil 56; for instance, the controller 91 may be able to detect whether the time taken for the contactor 12 to move from the contacts open position to the contacts closed position is within a predetermined range, or whether it falls outside that range; the determination as to whether the time falls within or without the range provides an indication as to whether the contactor 12 is developing a fault and thus may fail at a time in the future; also see paragraphs 74-76 and 84; the examiner notes that Rushabh’s determination of whether the time taken for the contactor 12 to move from the contacts open position to the contacts closed position is within a predetermined range, or whether it falls outside that range implicitly entails a comparison of the collected data with stored data performed by the controller 91);
wherein if the collected data is outside of the designated safety ranges, the controller terminates the operation of the power switch (Rushabh, e.g., paragraph 81, the indication of impending or existing fault may take the form of a warning light or alarm, a user alert, or an automatic shutdown for contactor replacement; if the wellness metric (or metrics) does not exceed the corresponding threshold, then the contactor is permitted to continue operation cycles);
wherein if the collected data is within the designated safety ranges, the controller allows the operation of the power switch to continue (Rushabh, e.g., paragraph 81, the indication of impending or existing fault may take the form of a warning light or alarm, a user alert, or an automatic shutdown for contactor replacement; if the wellness metric (or metrics) does not exceed the corresponding threshold, then the contactor is permitted to continue operation cycles).
Regarding claim 14, Rushabh discloses wherein the collected data is communicated via the communication bus outside of the housing of the power switch (Rushabh, e.g., Fig. 5 and paragraph 68, controller 91 is configured to provide reporting signals on a reporting line output 97; this allows for reporting of the status of the contactor 12 over an industrial communication network; the reporting line output 97 may for instance be part of an Ethernet, Profibus or Modbus link; also see paragraph 76, reporting of information via reporting line output 97 may alternatively involve sending information identifying the movement of the contact carrier 50 relative to the housing 20; for instance, the information may include a time series of data, with each data item indicating a location at a particular moment in time; alternatively, the information may represent the movement, for instance by defining the location as a function of time).
Regarding claim 15, Rushabh discloses wherein if the collected data is outside of the designated safety ranges, a coil current applied to an electrically conductive coil of the power switch is stopped (Rushabh, e.g., paragraph 81, the indication of impending or existing fault may take the form of a warning light or alarm, a user alert, or an automatic shutdown for contactor replacement; if the wellness metric (or metrics) does not exceed the corresponding threshold, then the contactor is permitted to continue operation cycles; it is implicit in the case of automatic shutdown that current for operating electromagnetic coil 56 (Fig. 3) is stopped).
Regarding claim 16, Rushabh discloses wherein the internal controller continues to compare, in real time, the collected data to the stored data to determine if the collected data is outside of the designated safety ranges, wherein if the collected data is outside of the designated safety ranges, the controller terminates the operation of the power switch (see Rushabh as applied to claims 13 and 15, controller 91 is provided with information about the location of the contact carrier 50 relative to the sensor 70; moreover, the controller 91 receives the location information in real-time; the controller 91 may be able to detect whether the time taken for the contactor 12 to move from the contacts open position to the contacts closed position is within a predetermined range, or whether it falls outside that range; the determination as to whether the time falls within or without the range provides an indication as to whether the contactor 12 is developing a fault and thus may fail at a time in the future; the examiner notes that Rushabh’s determination of whether the time taken for the contactor 12 to move from the contacts open position to the contacts closed position is within a predetermined range, or whether it falls outside that range implicitly entails a comparison of the collected data with stored data performed by the controller 91; the indication of impending or existing fault may take the form of a warning light or alarm, a user alert, or an automatic shutdown for contactor replacement; if the wellness metric (or metrics) does not exceed the corresponding threshold, then the contactor is permitted to continue operation cycles).
Regarding claim 17, Rushabh discloses wherein the internal controller is a microcontroller (Rushabh, e.g., Fig. 5 and paragraph 65, control system 90 is based around a controller 91; this may take any suitable form, and may for example a programmed microprocessor, one or more digital signal processors (DSPs), one or more microcontrollers, application specific integrated circuits (ASICs), field programmable logic arrays (FPGAs), or other equivalent integrated or discrete logic circuitry).
Regarding claim 18, Rushabh discloses wherein the internal controller includes a memory (Rushabh, e.g., Fig. 5 and paragraph 65, control system 90 is based around a controller 91; this may take any suitable form, and may for example a programmed microprocessor, one or more digital signal processors (DSPs), one or more microcontrollers, application specific integrated circuits (ASICs), field programmable logic arrays (FPGAs), or other equivalent integrated or discrete logic circuitry; it is implicit in the case of a microcontroller that controller 91 includes a memory storing programmed instructions).
Regarding claim 19, Rushabh discloses wherein the power switch is a contactor (Rushabh, e.g., Figs. 1-5 and paragraphs 42-86, contactor 12).
Regarding claim 20, Rushabh discloses wherein the contactor has fixed contacts and a movable electrical contact bridge, wherein if the collected data is outside of the designated safety ranges, a coil current applied to an electrically conductive coil of the power switch is stopped to prevent the mating of the movable electrical contact bridge with the fixed contacts (Rushabh, e.g., Figs. 1-5 and paragraphs 42-86; see Fig. 3 in particular, fixed contacts including stationary contacts 46 and movable electrical contact bridge including a pair of moveable contacts 48 mounted to a moveable contact carrier 50; also see paragraph 81, the indication of impending or existing fault may take the form of a warning light or alarm, a user alert, or an automatic shutdown for contactor replacement; if the wellness metric (or metrics) does not exceed the corresponding threshold, then the contactor is permitted to continue operation cycles; it is implicit in the case of automatic shutdown that current for operating electromagnetic coil 56 (Fig. 3) is stopped to prevent mating of stationary contacts 46 with moveable contacts 48).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2018/0029475 to Capers relates to battery disconnection units and, more particularly, to a smart contactor for a battery disconnection unit; see, e.g., Fig. 3.
US 2020/0243269 to Henke et al. relates to electrical contact health assessment apparatus and techniques, including electrical contacts connected in parallel or in series with each other.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL R MILLER whose telephone number is (571)270-1964. The examiner can normally be reached 9AM-5PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lee Rodak can be reached at (571) 270-5628. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL R MILLER/Primary Examiner, Art Unit 2863