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 .
Claims 1-5, 8-12, 14, 15, and 22-30 are pending in this application.
Response to Amendment
Claims 1 and 8 are amended. Claims 6, 7, 13, and 16-21 are canceled. Claims 22-30 are added.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5, 8-12, 14, 15, and 22-30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1-3, 8, 9, 14, 15, and 22-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liebetruth German Patent Document DE 102009010229 A1 (hereinafter “Liebetruth”) and further in view of Gasper U.S. Patent No. 6,246,304 (hereinafter “Gasper”).
Regarding claim 1, Gasper teaches an event indicator (refer to figs. 1 and 2), comprising: a housing (i.e. casing 20)(figs.1 and 2) having an opening (i.e. opening in the figure below)(fig.1); a translation member (i.e. plunger 340)(figs.1 and 2) configured to move within the opening (refer to col. 5 lines 56-67), wherein the translation member is configured to provide a visual indication of an event condition (refer to col. 5 lines 56-67); however, Gasper does not teach a detection section configured to generate a position signal based at least in part upon a position of the translation member. However, Liebetruth teaches a detection section (i.e. microswitch 315)(fig.3) configured to generate a position signal based at least in part upon a position of the translation member (refer to [0012]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the event indicator of Gasper to include the detection section of Liebetruth to provide the advantage of allowing remote transmission of an indication of the event condition.
Regarding claim 2, Gasper and Liebetruth teach the event indicator of Claim 1, further comprising: a connector (refer to Liebetruth connector in the figure below)(fig.3)(refer also to Liebetruth connector in the figure below)(fig.1) communicatively coupleable to the detection section (implicit), the connector configured to transmit the position signal (implicit).
PNG
media_image1.png
591
507
media_image1.png
Greyscale
PNG
media_image2.png
360
610
media_image2.png
Greyscale
Regarding claim 3, Gasper and Liebetruth teach the event indicator of Claim 1, wherein the translation member is a plunger (refer to Gasper plunger 340)(figs.1 and 2) configured to move within the opening responsive to a force received by the plunger (refer to Gasper col. 5 lines 56-67).
Regarding claim 8, Gasper teaches a system for providing event indication (refer to figures 1 and 2), the system comprising: a protection device (i.e. single pole circuit breaker 10)(figs.1 and 2); an event indicator (refer to plunger 340, lip portion 350, and spring 360)(figs.1 and 2) associated with the protection device (implicit), including a housing (i.e. housing 20)(figs.1 and 2) having an opening (i.e. opening in the figure above)(fig.1); a translation member (i.e. plunger 340)(fig.3) configured to move within the opening (implicit), wherein the translation member is configured to provide a visual indication by changing position in response to an event condition (refer to col. 5 lines 56-67); however; Gasper does not teach a detection section configured to generate a position signal based at least in part upon a position of the translation member; and a connector section configured to transmit the position signal; and an external device communicatively coupleable to the connector section to obtain the position signal. However, Liebetruth teaches a detection section (i.e. microswitch 315)(fig.3) configured to generate a position signal based at least in part upon a position of the translation member (refer to [0012]); and a connector section (refer to connector in the figure above)(figs.1 and 3) configured to transmit the position signal (implicit); and an external device (i.e. indicator element 16)(fig.1) communicatively coupleable to the connector section (implicit)(refer to fig.1) to obtain the position signal (refer to [0031]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the event indicator of Gasper to include the detection section of Liebetruth to provide the advantage of allowing remote transmission of an indication of the event condition.
Regarding claim 9, Gasper and Liebetruth teach the system of Claim 8, wherein the translation member is a plunger (i.e. Gasper plunger 340)(figs.1 and 2) configured to move within the opening responsive to a force received by the plunger (refer to Gasper col. 5 lines 56-67).
Regarding claim 14, Gasper and Liebetruth teach the system of Claim 8, wherein the protection device is configured to mitigate an electrical event (refer to Liebetruth [0001]) and to generate a corresponding pressure pulse (refer to Liebetruth [0001] and [0030]).
Regarding claim 15, Gasper and Liebetruth teach the system of Claim 14, wherein the translation member is configured to move within the opening of the event indicator responsive to the pressure pulse received at the translation member (refer to Liebetruth [0001] and [0030]).
Regarding claim 22, Gasper and Liebetruth teach the event indicator of Claim 3, wherein the plunger is configured to remain in part outside the housing after removal of the force until the plunger is pushed into the housing (refer to Gasper col. 5 line 67 to col. 6 line 3).
Regarding claim 23, Gasper and Liebetruth teach the event indicator of Claim 1, wherein the translation member is configured to change position in response to the event condition (refer to Gasper col. 5 lines 56-67).
Regarding claim 24, Gasper and Liebetruth teach the event indicator of Claim 23, wherein the translation member is configured to be flush with an outer surface of the housing or internal to the housing in a default state (refer to Gasper col. 5 lines 56-67) and to extend outwardly beyond the outer surface in an alert state (refer to Gasper col. 5 lines 56-67).
Regarding claim 25, Gasper teaches a system for providing event indication (refer to figs.1 and 2), the system comprising: a protection device (i.e. single pole circuit breaker 10)(figs.1 and 2); an event indicator (refer to plunger 340, lip portion 350, and spring 360)(figs.1 and 2) associated with the protection device (implicit), including a housing (i.e. housing 20)(figs.1 and 2) having an opening (i.e. opening in the figure above)(fig.1) defined in an outer surface of the housing (implicit); a translation member (i.e. plunger 340)(fig.3) configured to move within the opening (implicit), wherein the translation member is configured to be flush with the outer surface or internal to the housing in a default state (refer to col. 5 lines 56-67)(refer also to fig.1) and to extend outwardly beyond the outer surface in an alert state (refer to col. 5 lines 56-67)(refer also to fig.2); however; Gasper does not teach a detection section configured to generate a position signal indicative of a position of the translation member; and a connector section configured to transmit the position signal to an external device communicatively coupleable to the connector section. However, Liebetruth teaches a detection section (i.e. microswitch 315)(fig.3) configured to generate a position signal indicative of a position of the translation member (refer to [0012]); and a connector section (refer to connector in the figure above)(figs.1 and 3) configured to transmit the position signal (implicit) to an external device (i.e. indicator element 16)(fig.1) communicatively coupleable to the connector section (implicit)(refer to fig.1)(refer also to [0031]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the event indicator of Gasper to include the detection section of Liebetruth to provide the advantage of allowing remote transmission of an indication of the event condition.
Regarding claim 26, Gasper and Liebetruth teach the system of Claim 25, wherein the translation member is configured to move within the opening responsive to a force exerted on the translation member (refer to Gasper spring 360)(fig.2)(refer also to Gasper col. 5 lines 56-67).
Regarding claim 27, Gasper and Liebetruth teach the system of Claim 26, wherein the translation member is configured to remain in the alert state after removal of the force until the translation member is manually reset to the default state by being pushed into the housing (refer to Gasper col 5 line 67 to col. 6 line 3).
Claim(s) 4, 5, 10-12, and 28-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gasper and Liebetruth and further in view of Madden U.S. Patent Application 2006/0032535 (hereinafter “Madden”).
Regarding claim 4, Gasper and Liebetruth teach the event indicator of Claim 3, wherein the detection section includes a switching element (i.e. Liebetruth microswitch 315)(fig.3); however, they do not teach wherein the plunger includes at least one reference section, and further wherein the detection section includes a switching element and is configured to generate the position signal based at least in part upon a location of the reference section relative to the switching element. However, Madden teaches wherein the plunger includes at least one reference section (i.e. cam surface 52)(fig.2)(refer also to [0023] and [0024]), and further wherein the detection section is configured to generate the position signal based at least in part upon a location of the reference section relative to the switching element (refer to [0024]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the event indicator of Gasper and Liebetruth to include the reference section of Madden to provide the advantage of reliably actuating the switching element to ensure position indication.
Regarding claim 5, Gasper, Liebetruth, and Madden teach the event indicator of Claim 4, wherein the reference section includes one or more ridges, valleys, flared sections, or ramps at an outer surface of the plunger (refer to Madden [0024]), the one or more ridges, valleys, flared sections, or ramps configured to be sensed by the switching element to determine the position of the translation member (refer to Madden [0024]).
Regarding claim 10, Gasper and Liebetruth teach the system of Claim 9, wherein the detection section includes a switching element (i.e. Liebetruth microswitch 315)(fig.3); however, they do not teach wherein the plunger includes at least one reference section, and further wherein the detection section is configured to generate the position signal based at least in part upon a location of the reference section relative to the switching element. However, Madden teaches wherein the plunger includes at least one reference section (i.e. cam surface 52)(fig.2)(refer also to [0023] and [0024]), and further wherein the detection section is configured to generate the position signal based at least in part upon a location of the reference section relative to the switching element (refer to [0024]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Gasper and Liebetruth to include the reference section of Madden to provide the advantage of reliably actuating the switching element to ensure position indication.
Regarding claim 11, Gasper, Liebetruth, and Madden teach the system of Claim 10, wherein the reference section includes one or more ridges, valleys, flared sections, or ramps at an outer surface of the plunger (refer to Madden [0024], the one or more ridges, valleys, flared sections, or ramps configured to be sensed by the switching element to determine the position of the translation member (refer to Madden [0024]).
Regarding claim 12, Gasper, Liebetruth, and Madden teach the system of Claim 11, wherein the switching element is an electrical switch (i.e. Liebetruth microswitch 315)(fig.3)(refer also to Madden [0023] and [0024]) configured to determine the position of the translation member according to sensing the one or more ridges, valleys, flared sections, or ramps (refer to [0024]).
Regarding claim 28, Gasper and Liebetruth teach the system of Claim 25, wherein the detection section includes a switching element (i.e. Liebetruth microswitch 315)(fig.3); however, they do not teach wherein the translation member includes at least one reference section, and further wherein the switching element is configured to generate the position signal based at least in part upon a location of the reference section relative to the switching element. However, Madden teaches wherein the translation member includes at least one reference section (i.e. cam surface 52)(fig.2)(refer also to [0023] and [0024]), and further wherein the switching element is configured to generate the position signal based at least in part upon a location of the reference section relative to the switching element (refer to [0024]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the event indicator of Gasper and Liebetruth to include the reference section of Madden to provide the advantage of reliably actuating the switching element to ensure position indication.
Regarding claim 29, Gasper, Liebetruth, and Madden teach the system of Claim 28, wherein the reference section includes one or more ridges, valleys, flared sections, or ramps at an outer surface of the translation member (refer to Madden [0024]), the one or more ridges, valleys, flared sections, or ramps configured to be sensed by the switching element to determine the position of the translation member (refer to Madden [0024]).
Regarding claim 30, Gasper, Liebetruth and Madden teach the system of Claim 29, wherein the switching element is an electrical switch (i.e. Liebetruth microswitch 315)(fig.3)(refer also to Madden [0023] and [0024]) configured to determine the position of the translation member according to sensing the one or more ridges, valleys, flared sections, or ramps (refer to Madden [0024]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN J COMBER whose telephone number is (571)272-6133. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEVIN J COMBER/Primary Examiner, Art Unit 2838
Prosecution Insights