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 .
Election/Restrictions
Claims 6-11 and 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/5/2026. The traversal is on the ground(s) that the actuation elements of the embodiments of Figures 9, 10 and 11 each include at least one arm. This is not found persuasive because it appears that the withdrawn claims appear to be a separate embodiment of the invention.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 15 is objected to because of the following informalities: In claim 15, “A method of a switch” in line 1 should be “A method for a switch”. Appropriate correction is required.
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.
Claim(s) 1-5 and 12-15 is/are rejected under 35 U.S.C. 102a1 as being anticipated by JAPAN TECH RES & DEV INST (Japanese Patent Document JP2714975).
In regards to claim 1, JAPAN TECH RES & DEV INST (henceforth referred to as Japan Tech) disclose a switch for controlling electrical power supplied by a power source to an electronic safe and arm unit (ESAU) or a munition. Japan Tech teaches a switch case (item 5) that controls arming of a munition through controlling a power supply, the switch comprising:
a contact assembly arrangement comprising a contact assembly of a first type arrangeable in a first arrangement defining a first switch state and a second arrangement defining a second switch state. Japan Tech illustrates and describes switch contacts (items 22-27) that define two switch states (open and closed),
wherein centrifugal force caused by rotation of the switch causes movement of at least a part of the contact assembly of the first type to change the arrangement of the
contact assembly of the first type from the first arrangement to the second
arrangement. The switch case of Japan Tech rotates and induces centrifugal force to move the elements 12 and 13 and to bend the switch contacts (items 22, 24, 26 and 27) causing the switch to transition from the first state to the second state.
In regards to claim 2, Japan Tech discloses that the contact assembly of the first type comprises an arm in the form of a flexure member configured to deflect due to centrifugal force caused by rotation of the switch. The switch contacts of Japan Tech are described as flexible and shown to bend in figure 2.
In regards to claim 3, Japan Tech discloses that the flexure member is configured to deflect due to centrifugal force caused by rotation of the switch at a rotational frequency greater than a predetermined frequency. The flexible switch contact of the Japan Tech device bends only when the rotation of the switch reaches a predesigned level (i.e. level of centrifugal force to bend/flex contact).
In regards to claim 4, Japan Tech discloses that the deflection of the flexure member is the movement of the at least a part of the contact assembly of the first type to change the arrangement of the contact assembly of the first type from the first arrangement to the second arrangement. Japan Tech teaches that the bending of the switch contact initiates the switch to move from first state to second state.
In regards to claim 5, Japan Tech discloses that the flexure member is deflectable from a first member position corresponding with the first arrangement to a second member position corresponding with the second arrangement. Note the different positions of the flexible members in figures 1 and 2.
In regards to claim 12, Japan Tech discloses an electronic safe and arm it (ESAU), comprising the switch according to claim 1.
In regards to claim 13, Japan Tech discloses a fuze system comprising the ESAU according to claim 12. Japan Tech teaches a fuze.
In regards to claim 14, Japan Tech discloses a munition comprising the fuze system according to claim 13. Japan Tech teaches that the fuze is for a munition of an artillery shell.
In regards to claim 15, Japan Tech discloses a method of a switch, comprising providing the ESAU according to claim 12 and controlling electrical power supplied by a power source to the ESAU or munition using the switch. Japan Tech teaches an electronic safe and arm unit that utilizes centrifugal force to allow electrical power to be supplied to a munition initiator via an electronic time fuze.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over JAPAN TECH RES & DEV INST (Japanese Patent Document JP2714975).
In regards to claim 16, Japan Tech fails to explicitly disclose that the predetermined frequency is 20Hz or 40Hz. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to establish various ranges including the claimed range of rotational frequency to prevent the switch from allowing the device to arm until a specific range of rotation, 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. See In re Aller, 105 USPQ 233.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over JAPAN TECH RES & DEV INST (Japanese Patent Document JP2714975) in view of Jordan et al. (U.S. Patent 2,458,474).
In regards to claim 18, Japan Tech does not explicitly disclose that the fuze system comprises a power source in the form of a battery. However, Jordan et al (henceforth referred to as Jordan) teaches a centrifugally operated fuze device that incorporates a battery to supply power (item 50 of Jordan figure 1) and it would have been obvious to one of ordinary skill in the art at time of Applicant’s invention to provide a battery as taught by Jordan, in/with the system of Japan Tech, to allow for an onboard power source.
Allowable Subject Matter
Claims 19 and 20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art fails to teach or make obvious, including all the limitations of claims 19 or 20, the centrifugal switch assembly defining a first switch state and a second switch state and a linear acceleration switch assembly defining a first switch state and a second switch state and including a flexible arm extending orthogonal to the central axis.
Summary/Conclusion
Claims 1-5 and 12-18 are rejected and claims 6-11 and 17 are withdrawn. Claims 19 and 20 are allowable.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN P LEE whose telephone number is (571)272-8968. The examiner can normally be reached between the hours of 8:30am and 5:00pm on Monday through Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers can be reached on 571-272-6874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/BENJAMIN P LEE/Primary Examiner, Art Unit 3641
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