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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/26/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 7 and 13 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 7, A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 7 recites the broad recitation “a width direction, of less than 20 mm”, and the claim also recites “preferably equal to or less than 18 mm” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 13 inherits the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, deficiency from parent claim 7.
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.
Claims 1-3 and 5-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schneider [EP 3790034], Applicant cited prior art, see Applicant provided translation.
Claim 1, Schneider discloses an electrical protection device [1] that is designed to be connected between an input conductor and an output conductor of an electrical circuit, and to open the electrical circuit upon manual command or following detection of an electrical fault [paragraphs 0043, 0047 and 0048], the device being further configured to automatically determine a cause of opening of the electrical circuit, the device comprising: a movable contact [34] that is connected to the electrical circuit and is movable between: a conducting position [figure 3], in which the movable contact closes the electrical circuit [paragraph 0047], and an isolating position [figure 4], in which the movable contact opens the electrical circuit [paragraph 0048]; a switching handle [16/18] that is movable between an open position and a closed position, the movement of the switching handle [16/18] to the open position by manual control causing the movable contact [36] to be placed into the isolating position [figure 4]; a switching mechanism [54; figures 3 and 4] that is configured to toggle between an armed configuration, in which the movable contact is in the conducting position and the switching handle is in the closed position [figure 3], and a tripped configuration, in which the movable contact is in the isolating position and the switching handle is in the open position [figure 4]; a tripping device that is configured to actuate the switching mechanism in the event of detecting an electrical fault to command the tripped configuration; an electronic control unit [42; figure 5]; wherein the device further comprises: an electrical link [wire between 45C and 55 in figure 5] element that connects the movable contact and the electronic control unit, and is configured so that a first current flows through the electrical link element to the electronic control unit, a first voltage being representative of the position of the movable contact in the conducting position or in the isolating position [paragraphs 0023, 0024, 0057 and 0058] and; a switch [56] that is connected to the electronic control unit and is movable between a depressed position and a free position, and is configured so that a second current flows through the switch to the electronic control unit, a second voltage being representative of the position of the switch between the depressed position and the free position [0057 and 0058]; a mechanical link element [20/22/24/26] that is connected to the switching handle [16/18] and movable between: a pressing position, the mechanical link element then pressing the switch and holding it in the depressed position [figure 3], and a releasing position, the mechanical link element then releasing the switch which toggles to the free position [figure 4], and wherein the electronic control unit [42] is configured to measure the first voltage and the second voltage, compare the first voltage and the second voltage to determine the cause of opening of the electrical circuit among manual opening and fault opening, send a first signal if the cause of opening is manual opening and send a second and/or third signal if the cause of opening is fault opening [figures 6-10, paragraphs 0057-0085].
Claim 2, Schneider discloses the device according to claim 1, wherein the movable contact is a movable phase contact.
Claim 3, Schneider discloses the device according to claim 1, wherein the mechanical link element [20/22/24/26] is in the pressing position when the switching handle is in the closed position [figure 3] and in the releasing position when the switching handle is in the open position [figure 4].
Claim 5, Schneider discloses the device according to claim 1, wherein the mechanical link element is a link rod [26] that is connected to the switching handle [16/18], and one end of which is configured to press or release the switch [through 20/22/24; figures 3 and 4].
Claim 6, Schneider discloses the device according to claim 1, further comprising a thermal tripping device and/or a magnetic tripping device [2; paragraph 0028] that is configured to toggle the movable contact from the conducting position to the isolating position when the thermal tripping device and/or the magnetic tripping device are/is excited by an electrical fault of short-circuit or overload type.
Claim 7, as best understood, Schneider discloses the device according to claim 1, the device being integrated into a housing [figure 1], the housing having a width, measured in a width direction, of less than 20 mm, preferably equal to or less than 18 mm.
Claims 8-12, 14 and 15, a method for automatically determining a cause of opening of an electrical circuit is inherent in the product structure of an electrical protection device of Schneider as outlined in claims 1-3,6 and 7 above.
Allowable Subject Matter
Claim 4 is 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 Bernard Rojas whose telephone number is (571)272-1998. The examiner can normally be reached Mon. thru Fri. 7:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shawki S Ismail can be reached at (571) 272-3985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BERNARD ROJAS/ Primary Examiner, Art Unit 2837
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