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.
Preliminary Amendment
Acknowledgement is made of the preliminary amendment filed on August 8, 2024.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on August 8, 2024 and September 18, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
[0068] line 13, “second mechanical circuit breaker CB2 ..”, should be change to - - second mechanical circuit breaker CB2 .[[.]] - -. Appropriate correction is required.
Drawings
The drawings were received on August 8, 2024. These drawings are acceptable.
Claim Objections
Claim(s) 3 is/are objected to because of the following informalities (note that the markings show the examiner’s suggested amendments):
Claim 3, line 8, “a third mechanical circuit breaker disposed on the first auxiliary branch (B)”, it appears that should be change to - - a third mechanical circuit breaker disposed on the first auxiliary branch
Appropriate correction is required.
Examiner’s Note: Applicant is required to carefully review all pending claims for the presence of any similar informalities and to correct them accordingly.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/797829 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they are directed to same inventive concept (see table below).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
App. No. 18/797,606
Copending App. No. 18/797,829
1. A current breaking device for interrupting a current flow in a high voltage direct current path between a first terminal and a second terminal, comprising:
1. A current breaking apparatus comprising:a first current breaking device for interrupting a current flow in a first high voltage direct current path between a first terminal and a second terminal, comprising:
a main branch inserted in the direct current path, comprising a first mechanical circuit breaker, the first mechanical circuit breaker being normally closed,
a first main branch inserted in the first direct current path, comprising a first mechanical circuit breaker, the first mechanical circuit breaker being normally closed,
a first auxiliary branch connected in parallel to the first mechanical circuit breaker, and comprising a series connection of a capacitor bank, an inductor and a second mechanical circuit breaker, called commutation switch, the second mechanical circuit breaker being normally open,
a first auxiliary branch connected in parallel to the first mechanical circuit breaker, and comprising a series connection of a capacitor bank, an inductor and a second mechanical circuit breaker, called first commutation switch, the second mechanical circuit breaker being normally opened,
a surge arrester connected in parallel to the capacitor bank,
a surge arrester connected in parallel to the capacitor bank,
a second auxiliary branch connecting a first intermediate terminal comprised between the capacitor bank and the inductor to an earthed connection, the second auxiliary branch comprising a resistor,
a second auxiliary branch connecting a first intermediate terminal comprised between the capacitor bank and the inductor to an earthed connection, the second auxiliary branch comprising a resistor,
wherein the second mechanical circuit breaker is configured for closing the first auxiliary branch in response to the appearance of a fault current in the main branch, so as to create a current which is superimposed upon a current flow in the main branch and produces a current zero crossing in the main branch.
wherein the second mechanical circuit breaker is configured for closing the first auxiliary branch in response to the appearance of a fault current in the first main branch, so as to create a current which is superimposed upon a current flow in the first main branch and produces a current zero crossing in the first main branch.
Examination Notice
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.
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 at the time any inventions covered therein were effectively filed 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 at the time a later invention was effectively filed 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.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-2 and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ka (US 2017/0271100 A1) in view of Âström (US 2011/0175460 A1).
With regard to claim 1, Ka teaches a current breaking device (Fig. 1, Fig. 9, Fig. 14) for interrupting a current flow in a direct current path (1 – Fig. 1, Fig. 14) ([0029] lines 3-5) between a first terminal (T1 – Fig. 1, Fig. 14, see annotated figure below) and a second terminal (T2 – Fig. 1, Fig. 14, see annotated figure below), comprising:
a main branch (A – Fig. 1, Fig. 14, see annotated figure below) inserted in the direct current path (1 – Fig. 1, Fig. 14), comprising a first mechanical circuit breaker (2 – Fig. 1, Fig. 14), the first mechanical circuit breaker (1 – Fig. 1, Fig. 14) being normally closed ([0034] lines 12-14),
a first auxiliary branch (B – Fig. 1, Fig. 9, Fig. 14, see annotated figures below) connected in parallel to the first mechanical circuit breaker (2 – Fig. 1, Fig. 14), and comprising a series connection of a capacitor (5 – Fig. 1, Fig. 9, Fig. 14), an inductor (6 – Fig. 1, Fig. 9, Fig. 14) and a second mechanical circuit breaker (7 – Fig. 1, Fig. 9, Fig. 14), called commutation switch (implicit), the second mechanical circuit breaker (7 – Fig. 1, Fig. 9, Fig. 14) being normally open ([0034] lines 12-14),
a surge arrester (8 – Fig. 1, Fig. 9, Fig. 14) connected in parallel to the capacitor (5 – Fig. 9) (see Fig. 9),
a second auxiliary branch (C – Fig. 1, Fig. 9, Fig. 14, see annotated figures below) connecting a first intermediate terminal (I1 – Fig. 9, see annotated figure below) comprised between the capacitor (5 – Fig. 9) and the inductor (6 – Fig. 9) to an earthed connection (GND – Fig. 9), the second auxiliary branch (C – Fig. 1, Fig. 9, Fig. 14, see annotated figures below) comprising a resistor (9 – Fig. 1, Fig. 9, Fig. 14),
wherein the second mechanical circuit breaker (7 – Fig. 1, Fig. 9, Fig. 14) is configured for closing the first auxiliary branch (B – Fig. 1, Fig. 9, Fig. 14, see annotated figures below) in response to the appearance of a fault current in the main branch (A – Fig. 1, Fig. 14, see annotated figure below) ([0054] lines 1-26), so as to create a current which is superimposed upon a current flow in the main branch (A – Fig. 1, Fig. 14, see annotated figure below) and produces a current zero crossing in the main branch (A – Fig. 1, Fig. 14, see annotated figure below) ([0054] lines 1-26).
Ka does not teach the direct current path is a high voltage direct current path and the capacitor is a capacitor bank.
Âström teaches the direct current path is a high voltage direct current path ([0016] lines 2-6; claim 14, lines 1-5) and the capacitor is a capacitor bank ([0017] lines 1-12).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the current breaking device of Ka, to have a high voltage direct current path and a capacitor bank, as taught by Âström, in order to protect high voltage direct current transmission lines and take advantage of the bank capacitor in order by increasing the capacity of the capacitor so that it is suitable for higher voltage/current circuits; and since doing so is within the ordinary capability of those skilled in the art because this configuration is well known in the art.
With regard to claim 2, Ka and Âström teach all the limitations of claim 1, and Ka further teaches the first terminal (T1 – Fig. 1, Fig. 14, see annotated figure below) is connected to a source of a network (see source and network in Fig. 4), and
the second terminal (T1 – Fig. 1, Fig. 4 see annotated figure below) is connected to a ring of electrical loads (implicit).
With regard to claim 5, Ka and Âström teach all the limitations of claim 1, and Ka further teaches a first switching device (11b – Fig. 14) disposed on the first auxiliary branch (B – Fig. 14, see annotated figures below) between the inductor (6 – Fig. 14) and a second connection (C2 – Fig. 14, see annotated figures below) of the first auxiliary branch (B – Fig. 14, see annotated figures below) with the main branch (A – Fig. 14, see annotated figures below).
With regard to claim 6, Ka and Âström teach all the limitations of claim 1, and Ka further teaches a second switching device (14a – Fig. 14) disposed on the main branch (A – Fig. 14, see annotated figures below) between a first connection (C1 – Fig. 14, see annotated figures below) of the first auxiliary branch (B – Fig. 14, see annotated figures below) with the main branch (A – Fig. 14, see annotated figures below) and a second connection (C2 – Fig. 14, see annotated figures below) of the first auxiliary branch (B – Fig. 14, see annotated figures below) with the main branch (A – Fig. 14, see annotated figures below).
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Ka (US 2017/0271100 A1) and Âström (US 2011/0175460 A1) in further view of EATON “Metal-Enclosed, Pad-Mounted Capacitor Banks” hereinafter EATON.
With regard to claim 14, Ka and Âström teach all the limitations of claim 1, but do not teach the capacitor bank, the inductor, the resistor and the surge arrester are disposed in a metal enclosed compartment.
EATON teaches the capacitor bank, the inductor, the resistor and the surge arrester (Figure 3) are disposed in a metal enclosed compartment (Fig. 1, Fig. 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the current breaking device of Ka and Âström, to have the capacitor bank, the inductor, the resistor and the surge arrester are disposed in a metal enclosed compartment, as taught by EATON, in order to protect the user/operators from fatal electrical arcs and shock hazards.
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Ka (US 2017/0271100 A1) – Annotated Fig. 1
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Ka (US 2017/0271100 A1) – Annotated Fig. 9
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Ka (US 2017/0271100 A1) – Annotated Fig. 14
Allowable Subject Matter
Claim(s) 3-4, 7-13, and 15 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.
The following is a statement of reasons for the indication of allowable subject matter:
With regard to claim 3, Ka (US 2017/0271100 A1) teaches the first auxiliary branch (B – Fig. 14 see annotated figure above) comprises a first connection (C1 – Fig. 14, see annotated figures above) with the main branch (A – Fig. 14, see annotated figure above) and a second connection (C2 – Fig. 14, see annotated figure above) with the main branch (A – Fig. 14, see annotated figure above), the first connection (C1 – Fig. 14, see annotated figure above) being comprised between the first terminal (T1 – Fig. 14, see annotated figure above) and a first terminal (right terminal of 2 – Fig. 14) of the first mechanical circuit breaker (2 – Fig. 14), the second connection being comprised between the second terminal (C2 – Fig. 14, see annotated figure above) and a second terminal (right terminal of 2 – Fig. 1) of the first mechanical circuit breaker (2 – Fig. 14), the current breaking device (Fig. 14) further comprising: a third mechanical circuit breaker (11a – Fig. 14) disposed on the first auxiliary branch (B – Fig. 14, see annotated figure above) between the first connection (C1 – Fig. 14, see annotated figure above) of the first auxiliary branch (B – Fig. 14, see annotated figure above) with the main branch (A – Fig. 14, see annotated figure above) and a connection of the surge arrester (8 – Fig. 14) with the capacitor bank (5 – Fig. 14).
But, in combination with other limitations of the claim, the prior art fails to teach or fairly suggest “a fourth mechanical circuit breaker disposed on the second auxiliary branch between the first intermediate terminal and the resistor, a third auxiliary branch connecting a second intermediate terminal comprised between the third mechanical circuit breaker and the capacitor bank to a third intermediate terminal comprised between the fourth circuit breaker and the resistor, the third auxiliary branch comprising a fifth circuit breaker.”
Claim(s) 4, 7-13, and 15 are allowed by dependence on claim 3.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached PTO-892.
Novak (US 2025/0054714 A1) teaches a current breaking apparatus including: a first current breaking device for interrupting a current flow in a first high voltage direct current path. The first current breaking device, including: a main branch inserted in the first direct current path, comprising including a normally closed mechanical circuit breaker; an auxiliary branch connected in parallel to the mechanical circuit breaker, and including a series connection of a capacitor bank, an inductor and a second normally opened mechanical circuit breaker; a surge arrester connected in parallel to the capacitor bank; and a second auxiliary branch connecting an intermediate terminal included between the capacitor bank and the inductor to an earthed connection and including a resistor. The second mechanical circuit breaker is configured for closing the auxiliary branch in response to the appearance of a fault current in the main branch, so as to produce a current zero crossing in the main branch.
Lee (US 2016/0285250 A1) teaches a DC current breaker having a high-speed breaking function appropriate to a voltage-type converter and a DC current breaking method. In addition, provided is a DC current breaker and a DC current breaking method capable of reducing cost of the breaker and securing economical competiveness by using a relatively simple configuration. The DC current breaker for breaking a DC current at the time of occurrence of an accident includes: a main conduction unit including three high-speed mechanical switches installed to be connected in series to a main conduction path for conducting a normal-operation-state current; a power semiconductor switch installed to be connected in parallel to one high-speed mechanical switch among the high-speed mechanical switches installed in the main conduction unit for current breaking of the main conduction unit; a capacitor installed on a circuit connected in parallel to the main conduction path; and a surge arrester installed to be connected in parallel to the capacitor connected in parallel to the main conduction path. The DC current breaking method uses the DC current breaker.
Dupraz (US 2018/0019583 A1) teaches a circuit-breaker device, comprising a main branch and an auxiliary branch electrically in parallel with the main branch, wherein the main branch comprises at least one mechanical switch-disconnector in series with a breaker cell constituted of at least one semiconductor switch, and a snubber circuit in parallel with the at least one breaker cell, the snubber circuit including an energy storage element, wherein the mechanical switch-disconnector is switchable to selectively allow current to flow in the main branch in a first mode of operation or commutate current from the main branch to the auxiliary branch in a second mode of operation, characterized in that the snubber circuit further comprises a bleeder resistor arranged to create a counter current in the main branch when current is commutated from the main branch to the auxiliary branch by discharging the energy storage element.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicolas Bellido whose telephone number is (571) 272-5034. The examiner can normally be reached Monday to Friday from 9:00 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Lewis can be reached at (571) 272-1838. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/N.B./Examiner, Art Unit 2838
/MONICA LEWIS/Supervisory Patent Examiner, Art Unit 2838
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