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 § 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 9, 14 & 23 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 9 recites the limitation "the solenoid" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 14, the parentheses that surround the terms (STANDBY, TRIP, OFF, ON) renders the claim indefinite because it is unclear whether the limitations within the parentheses are part of the claimed invention. See MPEP § 2173.05(d). As written, it is unclear if the four unique states must include the states of standby, trip, off and on. For the purposes of this office action, it will be assumed that Applicant intended that each of these states are required limitations.
Claim 14 recites the limitation "the solenoid" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 23 recites the limitations “a solenoid” and “at least one sensor” in line 3. Claim 24 depends from claim 14 which already recites “the solenoid” and “a sensor”. It is unclear to the solenoid and sensor of claim 23 are the same limitations as recited in claim 14 or if they are intended to be different elements. For the purposes of this office action, it will be assumed that the solenoid and the sensor of claim 26 is the same as those recited in claim 14.
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.
Claims 1, 8-12, 14, 22 & 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miller (US 2021/0126447).
With regard to claims 1 & 8-12, Miller, in Figures 1 & 5, discloses a circuit breaker (100) comprising: a user interface element (107, 109, 111, 113 & 122) configured to receive input from a user (paragraph 0048 teaches that the elements are buttons which are elements that receive input from a user) ; an air gap device (108) having contacts (114) that can be electrically opened and closed to interrupt or connect electrical power to a downstream load (112); a firmware state machine (paragraph 0050 teaches that the device comprises firmware stored in memory to execute a program to control the microcontroller which comprises a state machine) having at least four unique states, including STANDBY (standby mode, paragraph 0048), TRIP (off mode, paragraph 0048), OFF (release mode, paragraphs 0048 & 0069), and ON (on mode, paragraph 0048), wherein the firmware state machine is configured to open or close the contacts of the air gap device based on the current firmware state and inputs received from the user interface element (paragraph 0048); and at least one field-effect transistor (FET) switch (106) coupled between the air gap device and the downstream load (112), wherein the FET switch is configured to open or close in response to a signal from the firmware state machine and when opening the FET switch ensure that the FET switch interrupts the flow of current prior to opening the air gap device (paragraph 0069 teaches that the FETs are switched off well before the air gap is opened) (re claim 1), further comprising: breaker electronics (104 as seen in Fig. 1) configured with the firmware state machine; and non-volatile memory (103) in communication with the breaker electronics, wherein the firmware state machine is configured to store at least one of the unique states in the non-volatile memory (paragraph 0047) (re claim 8), further comprising: a microcontroller (102), wherein the microcontroller is programmed to execute instructions based on configurations stored in non-volatile memory (103) on the breaker electronics, including instructions for controlling the solenoid (118, paragraph 070) and FET switch (106) based on the current firmware state and inputs received from the user interface element, wherein the solenoid is controllably coupled to the microcontroller and configured to open or close the air gap device when driven by the microcontroller (paragraph 0053); and at least one sensor (154) or switch coupled to the air gap device, solenoid, or other components of the circuit breaker, wherein the sensor or switch is configured to send signals to the microcontroller indicating the status of the air gap device, solenoid, or other components (paragraph 0050) (re claim 9), further comprising: a power supply (126), wherein the power supply is configured to provide power to the microcontroller, solenoid, FET switch; and at least one input/output (I/O) interface, wherein the I/O interface is configured to receive inputs from the user interface element and send signals to the microcontroller based on the current firmware state (the user interface of Miller would necessarily comprise an I/O interface to convert the actions of the user into electronic signals to send to the microcontroller) (re claim 10), further comprising a visual indicator that shows the current firmware state (paragraph 0048) (re claim 11), wherein the visual indicator is an e-ink display (113, paragraph 0048) (re claim 12).
With regard to claims 14, 22 & 23, Miller, in Figures 1 & 5, discloses a method for controlling a circuit breaker (100), the method comprising: providing an air gap device (108) having contacts (114) that can be electrically opened and closed to interrupt or connect electrical power to a downstream load (via 112); implementing a firmware state machine having at least four unique states (STANDBY (standby), TRIP (trip), OFF (release), ON (on)) (paragraph 0048), wherein the firmware state machine is configured to control the solenoid (118, paragraph 0070) and open or close the air gap device based on the current firmware state and inputs received from a user interface element; providing the user interface element configured to send signals to the firmware state machine indicating a user's input of a selectable one of the at least four unique states (paragraph 0053); coupling a sensor (microswitch as taught in paragraph 0059) to the user interface element; and configuring the sensor to detect the user's input and sending a signal to the firmware state machine indicating the user's selection (paragraph 0059); and coupling at least one field-effect transistor (FET) switch (106) between the air gap device and the downstream load, wherein the FET switch is configured to open to open or close in response to a signal from the firmware state machine and when opening the FET switch ensure that the FET switch interrupts the flow of current prior to opening the air gap device paragraph 0069 teaches that the FETs are switched off well before the air gap is opened) (re claim 14), comprising: providing the circuit breaker with breaker electronics (104 as seen in Fig. 1) and a non-volatile memory (103); operating the circuit breaker using the firmware state machine to manage at least one unique state of the circuit breaker; and storing the at least one unique state in the non-volatile memory by the firmware state machine (paragraph 0047) (re claim 22), comprising: providing the circuit breaker with a microcontroller (102), non-volatile memory (103), a solenoid (118), and at least one sensor or switch (microswitch as taught in paragraph 0059); storing instructions in the non-volatile memory for controlling the solenoid and FET switch based on the current firmware state and inputs received from the user interface element; executing the stored instructions on the microcontroller to control the circuit breaker's components, including driving the solenoid to open or close the air gap device; receiving signals from the at least one sensor or switch indicating the status of the air gap device, solenoid, or other components; and using the received signals to inform the operation of the circuit breaker (paragraph 0047-0050) (re claim 23).
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 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 of this title, 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.
Claims 2, 3, 15, 16, 20 & 21 are rejected under 35 U.S.C. 103 as being unpatentable over Miller in view of Sasaki (US 2020/0235234).
With regard to claims 2 & 3, Miller teaches the device of claim 1.
Miller does not teach that the at least one FET is a normally ON type (re claim 2), or that the at least one FET is a normally OFF type (re claim 3),
Sasaki teaches a power MOSFET which can be used as circuit breaker (paragraph 0034) wherein FET is a normally ON type (paragraph 0027) (re claim 2), or is a normally OFF type (paragraph 0027) (re claim 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Miller with Sasaki, by forming the FETs of Miller as a normally on or normally off FET as taught by Sasaki, for the purpose of providing a switch which either consumers less energy when on or which is able to be maintained in an off position even when no power is applied to the circuit. Further, Miller is silent as to whether the FETs are normally on or off and as the configuration of the switch can only be one of two options with reasonable similar operation, it would have been obvious to try to use either kind of FET to one of ordinary skill in the art at the time the invention was filed.
With regard to claims 15 & 16, Miller teaches the method of claim 14.
Miller does not teach that the at least one FET is a normally ON type (re claim 15), or that the at least one FET is a normally OFF type (re claim 16).
Sasaki teaches a power MOSFET which can be used as circuit breaker (paragraph 0034) wherein FET is a normally ON type (paragraph 0027) (re claim 15), or is a normally OFF type (paragraph 0027) (re claim 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Miller with Sasaki, by forming the FETs of Miller as a normally on or normally off FET as taught by Sasaki, for the purpose of providing a switch which either consumers less energy when on or which is able to be maintained in an off position even when no power is applied to the circuit. Further, Miller is silent as to whether the FETs are normally on or off and as the configuration of the switch can only be one of two options with reasonable similar operation, it would have been obvious to try to use either kind of FET to one of ordinary skill in the art at the time the invention was filed.
With regard to claims 20 & 21, Miller in view of Sasaki discloses the method of claim 15, and further discloses that the circuit breaker further comprises a visual indicator configured to indicate to a user a present state of the circuit breaker (Miller, paragraph 0048) (re claim 20), wherein the visual indicator is an e-ink display (Miller, paragraph 0048) (re claim 21).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Miller in view of Kasprzycki (US 2015/0213989).
With regard to claim 4, Miller teaches the device of claim 1.
Miller does not teach that a user can remotely reset the circuit breaker from the TRIPPED state to the ON state by way of the user interface.
Kasprzyck, in Figure 4, teaches a process to control a circuit breaker remotely wherein a user can remotely reset the circuit breaker from the TRIPPED state to the ON state by way of the user interface (paragraph 0004).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Miller with Kasprzyck, by providing a system to reset the breaker remotely as taught by Kasprzyck, for the purpose of allowing power to be restored to the system without the need to travel to it should it be determined that the fault has cleared.
Claims 5-7 & 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Miller in view of Vaghasiya (US 2022/0328273).
With regard to claim 5, Miller teaches the device of claim 1 wherein the user interface element comprises a ON/OFF/STANDBY buttons, wherein the user interface element is configured to send signals to the firmware state machine indicating the position of the buttons (paragraph 0048).
Miller does not teach that the user interface element comprises a lever that can be moved between at least two positions, including an up position and a down position (paragraph 0056).
Vaghasiya, in Figure 3, teaches a circuit breaker with user interface element that comprises a lever (6) that can be moved between at least two positions, including an up position and a down position (paragraph 0056).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Miller with Vaghasiya, by using a lever as part of the user interface, for the purpose of providing a method of interacting with the device that is easy to use. Further, the format of the input device is matter of design choice.
With regard to claims 6 & 7, Miller in view of Vaghasiya discloses the device of claim 5, and further discloses that the device comprising a sensor (microswitch of paragraph 0069 of Miller) coupled to the user interface element and configured to detect when the lever (6 of Vaghasiya) is moved from one position to another, and to send a signal to the firmware state machine indicating that the lever has been moved (paragraph 0069 of Miller) re claim 6), wherein the sensor is a microswitch (paragraph 0069 of Miller) (re claim 7).
With regard to claim 17, Miller teaches the method of claim 14.
Miller does not teach that the user interface element is a lever configured to be moved between at least two positions.
Vaghasiya, in Figure 3, teaches a circuit breaker with user interface element that comprises a lever (6) that can be moved between at least two positions, including an up position and a down position (paragraph 0056).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Miller with Vaghasiya, by using a lever as part of the user interface, for the purpose of providing a method of interacting with the device that is easy to use. Further, the format of the input device is matter of design choice.
With regard to claims 18 & 19, Miller in view of Vaghasiya discloses the method of claim 17, and further comprising detecting the position of the lever (6 of Vaghasiya) by way of the sensor (microswitch of paragraph 0069 of Miller) (re claim 18), wherein the sensor is a microswitch (paragraph 0069 of Miller) (re claim 19).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Miller.
With regard to claim 13, Miller discloses the claimed invention except that the circuit breaker is configured to fit within a volume that is between 12 cubic inches and 14 cubic inches. It would have been obvious to one of ordinary skill in the art at the time the invention was made to design the device to fit within a standard breaker frame to allow the device to be easily integrated within an existing system, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT BAUER whose telephone number is (571)272-5986. The examiner can normally be reached M-F 12pm - 8pm EST.
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/Scott Bauer/Primary Examiner, Art Unit 2838
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