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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-8, 10 and 13-14 are rejected under 35 U.S.C. 102(A)(2) as being anticipated by et al. Maloney (US 5831498 A, and Maloney hereinafter).
Regarding Claim 1, Maloney discloses a system comprising:
at least one electrical circuit breaker (1, fig. 1) of a power system, the at least one electrical circuit breaker defined by a body (3, fig. 1) having at least one guideway (63, figs. 2-3) and a breaker switch (19, fig. 1) disposed on a first surface of the at least one electrical circuit breaker (external surface of 1, fig. 1); and
an adaptor (73, fig. 1) defined by a housing (75, fig. 8) having:
an interior portion that includes a plurality of ridge structures (including 123 and 129, fig. 8) adapted to secure the adaptor to the first surface of the at least one electrical circuit breaker (fig. 2); and
at least one sleeve (93, fig. 5) configured to allow passage of a cable (including 59, fig. 2) from a first surface of the housing toward the interior portion of the housing (fig. 8).
Regarding Claim 3, Maloney discloses the system of claim 1, wherein the at least one guideway defines a channel configured to allow the cable to connect to an electrical connection of the power system (figs. 2 and 8, see connection of 59 to 135).
Regarding Claim 4, Maloney discloses the system of claim 1, wherein the at least one guideway extends along a length of the at least one electrical circuit breaker (fig. 2).
Regarding Claim 5, Maloney discloses the system of claim 1, wherein the at least one sleeve extends outward from the first surface of the housing (figs. 2, 5, and 8).
Regarding Claim 6, Maloney discloses the system of claim 1, wherein the at least one sleeve includes at least a pair of sleeves (fig. 8).
Regarding Claim 7, Maloney discloses the system of claim 1, wherein the at least one sleeve includes aperture adapted to receive the cable (fig. 2).
Regarding Claim 8, Maloney discloses the system of claim 1, wherein the first surface of the housing (fig. 7, surface of 79) may include at least one cavity that facilitates air circulation through the interior portion of the housing (fig. 7, rectangular opening on surface of 79, see also fig. 2).
Regarding Claim 10, Maloney discloses the system of claim 8, wherein the housing includes at least one two cavities (fig. 7, two rectangular openings on surface of 79).
Regarding Claim 13, Maloney discloses the system of claim 1, wherein the plurality of ridge structures provide a snap-fit connection to secure the adaptor to the first surface of the at least one electrical circuit breaker (figs. 2-8, “77 also includes a pair of cantilevered fingers 123 projecting outward from the end wall 79 of the shield member 75. Hooks 125 on the ends of these fingers 123 snap over and engage a catch 127 formed by the upper ends of the projections 109 in the molded sections 5 and 7 of the housing 3”, Col. 5, ln. 10-14).
Regarding Claim 14, Maloney discloses the system of claim 13, wherein the snap-fit connection allows the at least one sleeve to be received by the at least one guideway (figs. 2 and 8, snap-fit at 125 secures adapter 75 and sleeve 93 to circuit breaker 1, allowing 93 to be received by guideway 63).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Maloney in view of Gibson et al. (US 6160699 A, and Gibson hereinafter).
Regarding Claim 2, Maloney discloses the system of claim 1 but does not explicitly disclose the at least one electrical circuit breaker is configured to be retained in one of a plurality of shelves of the power system.
Gibson discloses one electrical circuit breaker (421, fig. 4) is configured to be retained in one of a plurality of shelves (410, fig. 4) of a power system (fig. 5).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Maloney to incorporate the teachings of Gibson so that the at least one electrical circuit breaker is configured to be retained in one of a plurality of shelves of the power system, in order to support and couple the circuit breakers to the power system (“one equipment module may also include any number of further circuit breakers (or other electrical elements), such as circuit breakers 421, 422, with the bracket 410 suitably modified to allow the circuit breakers 420, 421, 422 to be coupled thereto”, Col. 6, ln. 10-14).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Maloney.
Regarding Claim 9, Maloney discloses the system of claim 8 but does not explicitly disclose the at least one cavity is disposed on an edge of the housing.
However, a person of ordinary skill in the art would have recognized that disposing the at least one cavity on an edge of the housing instead of a different location would have been considered an obvious design change equivalent to a rearrangement of parts. Absent disclosure of functional criticality, rearrangement of parts have been ruled to carry no patentable weight (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). See also MPEP § 2144.04(VI)(C)). A person of ordinary skill in the art could be motivated to implement said modification, for instance, to make said cavity easier to see/access, facilitating maintenance and cleaning if obstructed.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Maloney in view of Orban et al. (US 20090260964 A1, and Orban hereinafter).
Regarding Claim 11, Maloney discloses the system of claim 1 but does not explicitly disclose the adaptor is configured to maintain a gap between the at least one electrical circuit breaker and at least one other electrical circuit breaker.
Orban discloses an adaptor (150, fig. 5) is configured to maintain a gap (140, fig. 6) between at least one electrical circuit breaker and at least one other electrical circuit breaker (130-131, fig. 6 in view of “an insulating barrier shown in FIG. 5 can be used in line circuit breakers 130, 131 for lower voltage levels”, [0053]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Maloney to incorporate the teachings of Orban so that the adaptor is configured to maintain a gap between the at least one electrical circuit breaker and at least one other electrical circuit breaker, in order to allow adequate airgap and leakage path between adjacent circuit breakers of the same system (“According to the invention, the openings are to have at least one wall-like insulating barrier associated with them which consists of an electrically insulating material and with which it is possible for the air gaps and leakage paths between two adjacent openings to be increased”, [0010] of Orban).
Regarding Claim 12, Maloney/Orban discloses the system of claim 11, wherein the at least one electrical circuit breaker is disposed in the power system adjacent to the at least one other electrical circuit breaker (Maloney incorporates the adjacent circuit breakers of Orban. See rejection of Claim 11 above).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Maloney in view of Simmons (US 20090242366 A1, and Simmons hereinafter).
Regarding Claim 15, Maloney discloses the system of claim 1 but does not explicitly discloses the body includes a plurality of guideways.
Simmons discloses, as prior art, a circuit breaker having a body (fig. 2), wherein the body includes a plurality of guideways (fig. 2, cavities at 22, 26).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Maloney to incorporate the teachings of Simmons so that the body includes a plurality of guideways, in order to allow separation of two phases/wires connected to the circuit breaker (conventional practice in the art, as evidence by “prior art” label of fig. 2. See also [0038-0039] of Simmons).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Martin A Asmat-Uceda whose telephone number is (571)270-7198. The examiner can normally be reached 8 AM - 5 PM.
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/ALLEN L PARKER/Supervisory Patent Examiner, Art Unit 2841
/MARTIN ANTONIO ASMAT UCEDA/Examiner, Art Unit 2841
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