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 § 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, 18-19 and 21 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Young et al (US Patent No. 4164719).
Regarding claim 1, Young teaches a system comprising (i.e., system CBs 15, 25) (fig. 6): a switching module (25; fig. 6) with a first module terminal (61; fig. 6) configured to electrically connect the switching module to an electrical circuit (i.e., power supply feeding line 34; fig. 6), and a second module terminal (65; fig. 6) configured to connect in electrical series with a first breaker terminal (28; fig. 6) of a circuit breaker (15; fig. 6), wherein the circuit breaker has a first housing (21; fig. 1), wherein a switching device (63; fig. 6) of the switching module is connected in electrical series between the first and second module terminals and is configured to switch between an ON state to allow electrical current through the electrical circuit and an OFF state to open the electrical circuit to stop current flow therethrough (implicit, as seen in fig. 1), and wherein the switching module has a second housing (57; fig. 1) that houses the switching device, and wherein the second housing is configured to be mounted to the first housing of the circuit breaker (implicit, as seen in fig. 1).
Regarding claim 18, Young teaches the system of claim 1, further comprising: the circuit breaker with the first breaker terminal electrically connected to the second module terminal of the switching module (implicit, as seen in fig. 6) and a second breaker terminal (27; fig. 6) configured to electrically connect a circuit breaker mechanism (18; fig. 6) of the circuit breaker to the electrical circuit, wherein the circuit breaker mechanism has an ON state to allow current flow through the electrical circuit and an OFF state to open the electrical circuit to stop current flow therethrough (implicit, as seen in fig. 1/fig. 6).
Regarding claim 19, Young teaches the system of claim 18, wherein the first housing houses the circuit breaker mechanism therein (implicit, as seen in fig. 1), and wherein the second housing is separate from the first housing (implicit, as seen in fig. 1/fig. 6), wherein the second housing is mounted to the first housing (implicit, as seen in fig. 1), and wherein the first and second housings mounted together fit in a physical envelope of a molded case circuit breaker (MCCB) (implicit, as seen in fig. 1) (e.g., Management module 25 includes a molded insulated housing consisting of base 56 and cover 57. As seen in FIG. 4) (e.g., Switching module 15 is a conventional single pole molded case circuit breaker having a narrow housing consisting of base 21 and cover 22 which cooperate to enclose and position the operating elements. As seen in FIG. 5).
Regarding claim 21, Young teaches the circuit breaker comprising: a circuit breaker mechanism (18; fig. 6); the first breaker terminal (28; fig. 6) electrically connected to the second module terminal; and a second breaker terminal (27; fig. 6) configured to electrically connect the circuit breaker mechanism of the circuit breaker to the electrical circuit (implicit, as seen in fig. 1), wherein the circuit breaker mechanism has an ON state to allow current flow through the electrical circuit and an OFF state to open the electrical circuit to stop current flow therethrough (implicit, as seen in fig. 1). And, for the rest of the limitations/features in claim 21 is rejected for the same reasons that have already been stated/discussed above in rejected claim 1. {See rejection of claim 1}
Allowable Subject Matter
Claims 3-17 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:
Regarding claim 3, Young teaches the invention set forth above. However, Young does not particularly teach wherein the switching device includes: a first contact electrically connected to the first module terminal; a second contact electrically connected to the second module terminal; a third contact electrically connected to an arm that is mounted in the second housing, the arm configured to rotate relative to the second housing around a pivot axis; and a fourth contact electrically connected to the arm, wherein in the ON state, the arm is pivoted to a first position relative to the second housing with the first and third contacts electrically connected to one another, and with the second and fourth contacts electrically connected to one another to electrically connect the first module terminal to the second module terminal through an electrical path that includes the arm and the first, second, third, and fourth contacts, and wherein in the OFF state, the arm is pivoted to a second position relative to the second housing with the first and third contacts spaced apart from one another, and with the second and fourth contacts spaced apart from one another to break open the electrical path so the first and second module terminals are not electrically connected in the OFF state.
Hence claim 3 will be deemed allowable if rewritten in an independent form.
Claims 4-17 depend on objected claim 3, consequently claims 4-17 will also be deemed allowable.
Claim 22 is allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 22, Young et al (US Patent No. 4164719) substantially teaches the claim limitations as indicated in claim 1. However, Young does not teach or suggest a system comprising: a switching module including: a first module terminal configured to electrically connect the switching module to an electrical circuit; a second module terminal configured to connect in electrical series with a first breaker terminal of a circuit breaker, wherein the circuit breaker has a first housing; and a switching device connected in electrical series between the first and second module terminals, the switching device is configured to switch between an ON state to allow electrical current through the electrical circuit and an OFF state to open the electrical circuit to stop current flow therethrough, wherein the switching module includes: a second housing that houses the switching device, wherein the second housing is configured to be mounted to the first housing of the circuit breaker; a first contact electrically connected to the first module terminal; a second contact electrically connected to the second module terminal; a third contact electrically connected to an arm that is mounted in the second housing, the arm configured to rotate relative to the second housing around a pivot axis; and a fourth contact electrically connected to the arm, wherein in the ON state, the arm is pivoted to a first position relative to the second housing with the first and third contacts electrically connected to one another, and with the second and fourth contacts electrically connected to one another to electrically connect the first module terminal to the second module terminal through an electrical path that includes the arm and the first, second, third, and fourth contacts, and wherein in the OFF state, the arm is pivoted to a second position relative to the second housing with the first and third contacts spaced apart from one another, and with the second and fourth contacts spaced apart from one another to break open the electrical path so the first and second module terminals are not electrically connected in the OFF state.
Claims 2 and 20 are cancelled.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUAAMAR Q AL-TAWEEL whose telephone number is (571)270-0339. The examiner can normally be reached 0730-1700.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thienvu V Tran can be reached at (571) 270- 1276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MUAAMAR QAHTAN AL-TAWEEL/Examiner, Art Unit 2838 /THIENVU V TRAN/ Supervisory Patent Examiner, Art Unit 2838