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 .
Drawings
Figures 1-2 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). The specification (par 3, 4) clearly discloses that these figures are “conventional” and known prior art.
Figures 2-4 are objected to because the text is too small and pixelated to read. The Applicants are requested to file a corrected figure with larger text. The Applicants may consider rotating the figures, into landscape orientation, so that they can be enlarged and fit within a single page.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1 and 4-7 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 is indefinite because it recites conflicting limitations for the number of main branches. Claim 1 recites “wherein X= 5 or 3” and then recites that X is both 5 (at the sending terminal) and 3 (at the receiving terminal).
Claim 1 is indefinite because it uses both broad and narrow descriptions for the same limitation. Claim 1 has been amended to include the subject matter of dependent claims 2-3. This means that claim 1 recites both the broad original limitations (lines 3-8) and the narrowing dependent claim language (lines 9-end). This makes the claim indefinite. Dependent claim subject matter should be incorporated into claim 1, not copy-pasted at the end.
Claim 1 broadly introduces the X main branches (original language) and then gets into the specifics of the main branches (narrow language from claims 2-3). This also causes confusion because the original language refers to one set of main branches, while the amended language refers to two sets (one at the sending terminal, a second at the receiving terminal). One broad introduction for “X main branches”) (original claim 1) conflicts with the manner in which the claim has been amended. For example, the original claim refers to “through-current vacuum switch” and the amended language refers to “controllable conduction switches”. Either this is the use of different words (broad vs narrow) for the same limitation or the Applicants are adding a second switch type without clearly defining how it exists relative to the first.
These issues can be overcome by: 1) deleting the first wherein clause (that X is 5 or 3); and 2) incorporating the first and third limitations (lines 3-4 and 6-8 of claim 1) into the amended language (i.e. not copy/paste, but working the limitations into the existing language so that individual elements are clearly and distinctly presented).
The Examiner is available to discuss suitable language or to review amendments before submission.
Claims 4-7 are similarly rejected as they depend from, and inherit the deficiencies of, claim 1.
Conclusion
There is no prior art rejection. The claims would be allowable once the §112(b) rejection is overcome. The prior art does not teach or suggest a multi-port DC transfer switch with five main branches at the input and three main branches at the output, wherein the eight branches are connected to the terminals identified in the claims, wherein each main branch comprises a through-current vacuum switch.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADI AMRANY whose telephone number is (571)272-0415. The examiner can normally be reached Monday - Friday, 8am-7pm.
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, Rex Barnie can be reached at 5712722800 x36. 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.
/ADI AMRANY/Primary Examiner, Art Unit 2836