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 .
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.
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Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,160,097. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are directed toward a circuit interrupting device having a face conductor, a brush conductor and terminal offset design considerations, with differences between the two claim groups being only minor variations in scope and/or differences between the distribution of features between the independent and dependent claims that are not seen to involve an inventive step when the abilities of persons of ordinary skill are taken into full consideration.
Instant claim 1 recites: A circuit interrupting device comprising: an input conductor for electrically connecting to an external power supply; a load conductor for electrically connecting to a downstream load and including load terminal; a face conductor for electrically connecting to an external load and including a face terminal; and a brush conductor including a first portion and a second portion arranged as a continuous member, the first portion including a first end electrically connected to the input conductor, the brush conductor including a second end positioned adjacent a transition between the first portion and the second portion, the brush conductor including a first terminal supported on the first portion proximate the second end and a second terminal supported on the second portion at a position that is laterally offset from the first portion and positioned between the first end and the second end, the first terminal being axially offset from the load terminal and the second terminal being axially offset from the face terminal.
Patent claim 1 recites: A circuit interrupting device comprising: an input conductor for electrically connecting to an external power supply; a load conductor for electrically connecting to a load; a face conductor for electrically connecting to an external load; a coil sensor measuring a current through the input conductor; and a brush conductor including a first portion and a second portion arranged as a continuous member, the first portion including a first end electrically connected to the input conductor, the first end including a leg extending into the coil sensor and contacting the input conductor, the brush conductor including a second end positioned adjacent a transition between the first portion and the second portion, the brush conductor including a first terminal supported on the first portion proximate the second end and a second terminal supported on the second portion at a position that is laterally offset from the first portion and positioned between the first end and the second end.
The removal of the coil sensor design considerations is not observed to be an inventive step beyond the abilities of persons of ordinary skill because both sets of claims recite a circuit interrupting device that would be operatable with or without a coil sensor (use of the device as a manual switch).
Instant claim 13 recites: A circuit interrupting device comprising: a line conductor for electrically connecting to an external power supply; a load conductor for electrically connecting to an external load and including a load terminal; a face conductor for electrically connecting to another external load and including a face terminal; a brush conductor in electrical communication with the line conductor and movable between a closed position and an open position, the brush conductor including a first terminal axially offset from the face terminal and a second terminal axially offset from the load terminal; and a latch assembly including, a housing movable in a first direction along and biasing the brush conductor toward the closed position, and a latch plate supported in the housing and movable relative to the housing in a second direction orthogonal to the first direction, wherein actuation of a solenoid moves the latch plate in the second direction, thereby releasing the housing to move along the first direction.
Patent claim 13 recites: A circuit interrupting device comprising: a circuit board; a line conductor for electrically connecting to an external power supply; a load conductor for electrically connecting to an external load; a face conductor for electrically connecting to another external load; a brush conductor in electrical communication with the line conductor and movable between a closed position and an open position, the brush conductor including a first terminal selectively contacting the face conductor and a second terminal selectively contacting the load conductor; and a latch assembly including, a housing movable in a first direction along and biasing the brush conductor toward the closed position, and a latch plate supported in the housing and movable relative to the housing in a second direction orthogonal to the first direction, wherein actuation of a solenoid moves the latch plate in the second direction, thereby releasing the housing to move along the first direction.
Instant claim 13 adds the feature of axially offsetting circuit elements in a manner that is not seen to involve an inventive step when both of the claim groups include the more complex feature of orthogonal movement of latch plates.
Dependent claims 2-12 and 14-18 have a matching pattern of adding features to the independent claims in both the instant Application and the patent, and the recited features of the dependent claims are not observed to produce any inventive combination of functional elements when the abilities of persons of ordinary skill are taken into full consideration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN W JACKSON whose telephone number is (571)272-2051. The examiner can normally be reached M-F 6:30-3:00.
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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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SWJackson
June 11, 2026
/STEPHEN W JACKSON/ Primary Examiner, Art Unit 2838
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