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 .
Response to Amendment
The amendment filed 02/20/2026 has been entered.
Claims 19 and 20 are newly added.
Claims 3, 13, 15 and 17 are canceled.
Claims 1-2, 4-12, 14, 16 and 18 remain pending.
Claims 1-2, 4-12, 14, 16 and 18-20 are examined herein on the merits.
Applicant’s amendments to the claims have overcome the 112(b) rejections previously set forth in the Non-Final Office Action mailed 11/20/2025 (hereinafter the OA).
Response to Arguments
Applicant's arguments filed 02/20/2026 (hereinafter, Remarks) have been fully considered but they are not persuasive with regard to the prior art rejections (under 35 USC 102 and 103).
Specifically, applicant begins by arguing “Oguara fails to teach or render obvious ‘the holder includes a first layer’ and ‘the through hole opening is formed in a thickness direction of the first layer of the holder’” (Remarks p.6). This is allegedly because “no through holes are shown in FIG. 3 or disclosed in the accompanying description” and “At most, the outer layers have recesses 7a which accommodate the thermistor element 2. The inner layer 6/outer layers 7 do not have a through hole, much less a through hole formed in a thickness direction thereof.” (Remarks p.6).
In response, it appears that by referencing recess 7a that applicant is considering the outer layers, particularly the upper --as drawn-- layer as the first layer.
This is inconsistent with both the instant rejection in the OA and the instant specification and drawings. Specifically, the rejection (see at least treatment of claim 2 which previously claimed the initial recitation of a first layer) in the OA at p. 4 which cites layer 6 --the middle layer-- as the first layer (see annotated figures of Ogura below as well as the rejection in the OA also citing figs. 3 and 8).
Further, the instant drawings show clearly that the recited first layer is also the middle layer (see instant fig. 5 as well as annotated instant fig. 5 provided below for clarity). IF applicant intends to claim a different configuration or location of the through hole such configuration MUST be included in the claim language and supported by the specification (please note that instant figs. 7a-c “are diagrams to explain limited elements of the temperature sensor according to the present embodiment.” [0033] of the instant publication).
As a through hole is shown throughout the prior art and specifically in cited to figs. 3 and 8 in the rejection on the OA this argument is unpersuasive.
Then applicant argues that “Oguara does not teach or render obvious ‘the housing space has the opening shape following a shape of the sensor element in a planar view" as recited in claim 1.’” (Remarks p.6). Such that “the prior art does not as effectively conform to the shape of the sensor element and instead less effectively senses temperature, due to a larger gap provided between the sensor and its housing.” (Remarks, p.7)
In response, both figs. 3 and 7 as well as fig. 8 of Ogura are cited in the rejection of this limitation in the OA at p.4 treating previous claim 3. As can be seen from claims 3 and 7 (see also figs. 14, 13, 12, 11, 6, 2 and 1 of Ogura all showing various angles and perspectives of the shape of the opening which surrounds the thermosensitive element 2 and particularly that the housing space has an opening which absolutely follows the shape of the sensor element.
As best understood no gap at all as shown or taught in Ogura (this conforming housing space –including in a planar view perspective-- is perhaps best shown in fig. 7 of Ogura as cited in the OA; though also see fig 14 showing a plan view).
As Ogura does show and teach that the housing space has an opening shape following a shape of the sensor element with no gap this argument is unpersuasive.
Finally, applicant argues regarding the dependent claims with respect to claim 1.
See responses to arguments regarding claim 1 above.
Therefore, the position of the office must remain that upon knowledge of the cited art one of ordinary skill in the art would have had all the information and motivation required to make the invention as claimed at the time it was made.
See rejections under 35 USC 102 and 103 updated for the amended language and reiterated below.
Provided here for convenience and comparison to each other and the language in the claims as recited are annotated instant fig. 5 and cited prior art Ogura annotated figs. 3 and partial 8:
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Claim Rejections - 35 USC § 102
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.
(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 1-2, 5-6, 10 and 16 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Ogura (US 20200249097).
Regarding claim 1, Ogura teaches a temperature sensor (1; abstract; [0096]), comprising:
a sensor element (see at least figs. 4 and 5) including a thermosensitive portion (2) and paired electric wires (3/4/42) electrically connected to the thermosensitive portion (see at least fig. 4 showing this connectivity); and
a holder (at least 6 and 7) made of a resin material (abstract; [0013]; see also [0049] and [0051]) and configured to hold the sensor element (see figs. 1-8 and 11-14 showing such holding; see especially fig. 8), wherein
the holder includes a first layer (at least 6 with constituent elements; see at least fig. 3 and 7), which includes a housing space (space housing sensor element 2 and 3/4; see figs. 1-3 and 6-8) that includes a through hole opening on top and bottom surfaces (see fig. 3 showing the opening/hole in at least inner layer 6 on the top and bottom surfaces in a cross-sectional view; see annotated fig. 6 above; see also fig. 8, No. 3-4 and fig. 7), to house the thermosensitive portion and the electric wires (see fig. 6 showing a perspective and a side view illustrating this housing of both the thermosensitive element and wires),
wherein the through hole opening is formed in a thickness direction of the first layer of the holder (see at least figs. 3, 7 and 8; see also annotated figs. 3 and partial 8 above all showing the through hole is in a thickness direction), and
wherein the housing space has the opening shape following a shape of the sensor element in a planar view (see at least figs. 3, 7 and 8; see also figs. 13 and 14 showing that the space follows the shape of the sensor element in a planer view).
Regarding claim 2, Ogura teaches that the holder includes, and second layers (at least layers 71 and 72 of element 7; see figs. 4 and 6), and the second layers are provided at positions facing one or both of the openings on the top and bottom surfaces of the housing space (see at least fig. 3 showing this positioning in a cross-sectional view; see also fig. 8).
Regarding claim 5, Ogura teaches that the housing space includes a first housing space configured to house the thermosensitive portion (space containing 2; see at least figs. 3, 8 and 13), and paired second housing spaces configured to respectively house the paired electric wires (at least space containing wires 3/4/42; see at least fig. 12), and ends of the paired second housing spaces communicate with the first housing space (see at least fig. 12 showing this configuration).
Regarding claim 6, Ogura teaches that the paired second housing spaces are provided independently of each other in the first layer except for the one ends communicating with the first housing space (see fig. 6 and figs. 11-12 showing this configuration), and a distance between the paired second housing spaces is continuously increased as the paired second housing spaces are farther from the ends communicating with the first housing space (see figs. 6 and 11-12 showing that the space with elements 3 therein diverge as distance from the sensitive element containing space where increases).
Regarding claim 10, Ogura teaches a method of manufacturing ([0057]; see figs. 4-5) a temperature sensor (1; abstract; [0061]), the temperature sensor including a sensor element (see at least figs. 4 and 5) and a holder (at least 6 and 7), the sensor element including a thermosensitive portion (2) and paired electric wires (3/4/42) electrically connected to the thermosensitive portion (see at least fig. 4 showing this connectivity), the holder being made of a resin material (abstract; [0013]; see also [0049] and [0051]) and being configured to hold the sensor element (see figs. 1-8 and 11-14 showing such holding; see especially fig. 8),
wherein the holder includes a first layer (at least 6 with constituent elements; see at least fig. 3 and 7) which includes a housing space (space housing sensor element 2 and wiring 3/4; see figs. 1-3 and 6-8), the housing space includes a through hole opening on top and bottom surfaces (see fig. 3 showing the opening/hole in at least inner layer 6 on the top and bottom surfaces in a cross-sectional view; see also fig. 8, No. 3-4), to house the thermosensitive portion and the electric wires (see fig. 6 showing a perspective and a side view illustrating this housing of both the thermosensitive element and wires), the through hole being formed in a thickness direction of the first layer of the holder (see at least figs. 3, 7 and 8; see also annotated figs. 3 and partial 8 above all showing the through hole is in a thickness direction),
wherein the housing space has the opening shape following a shape of the sensor element in a planar view (see at least figs. 3, 7 and 8; see also figs. 13 and 14 showing that the space follows the shape of the sensor element in a planer view)
the method comprising:
a first step of housing the thermosensitive portion and the electric wires in the housing space (see at least fig. 5, step c); and
a second step of holding the thermosensitive portion and the electric wires in the housing space (see at least fig. 5, step d; see [0061-65] describing the process of housing and holding the thermosensitive element and wires).
Regarding claim 16, Ogura teaches that the housing space includes a first housing space configured to house the thermosensitive portion (space containing 2; see at least figs. 3, 8 and 13), and paired second housing spaces configured to respectively house the paired electric wires (at least space containing wires 3/4/42; see at least fig. 12), and ends of the paired second housing spaces communicate with the first housing space (see at least fig. 12 showing this configuration).
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.
Claims 4, 14 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ogura (US 20200249097) in view of Mizoguchi et al. (US 20020075129; hereinafter Mizoguchi).
Regarding claim 4, Ogura does not directly and specifically state that the housing space has enough capacity to house at least a whole of the thermosensitive portion of the sensor element (see e.g. figs. 3 and 8 showing that the thermosensitive element may slightly protrude from the upper and lower openings).
However, Mizoguchi teaches “A temperature sensor including a thermosensitive element and a ceramic body having a hollow section which surrounds the thermosensitive element” (abstract; see figs. 1 and 6, where 4 is the thermosensitive element) where the housing space has enough capacity to house at least a whole of the thermosensitive portion of the sensor element (see at least fig. 6).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the housing holding a temperature sensor of Ogura with the specific knowledge of using the style of housing having a larger aperture / hollow space with enough capacity to house the whole thermosensitive element of Mizoguchi. This is because such a structure allows the housing to provide additional space for desired surrounding materials. This is important in order to provide additional material around the sensor such as for instance a gas, thermal paste or the like.
Regarding claim 14, Ogura does not directly and specifically state that the housing space has enough capacity to house at least a whole of the thermosensitive portion of the sensor element.
However, Mizoguchi teaches “A temperature sensor including a thermosensitive element and a ceramic body having a hollow section which surrounds the thermosensitive element” (abstract; see figs. 1 and 6, where 4 is the thermosensitive element) where the housing space has enough capacity to house at least a whole of the thermosensitive portion of the sensor element (see at least fig. 6).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the housing holding a temperature sensor of Ogura with the specific knowledge of using the style of housing having a larger aperture / hollow space with enough capacity to house the whole thermosensitive element of Mizoguchi. This is because such a structure allows the housing to provide additional space for desired surrounding materials. This is important in order to provide additional material around the sensor such as for instance a gas, thermal paste or the like.
Regarding claim 19, Ogura does not directly and specifically state that in the thickness direction, the first layer of the holder has a thickness larger than a thickness of the thermosensitive portion.
However, Mizoguchi teaches “A temperature sensor including a thermosensitive element and a ceramic body having a hollow section which surrounds the thermosensitive element” (abstract; see figs. 1 and 6, where 4 is the thermosensitive element) where the thickness of the first layer (3; see fig. 6) is larger than a thickness of the thermosensitive portion (see at least fig. 6 showing that element 3 is thicker than element 4; see also fig. 9).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the housing holding a temperature sensor of Ogura with the specific knowledge of using the style of housing having a larger aperture / hollow space with enough capacity to house the whole thermosensitive element such that the thickness of the first layer is larger than the thickness of the thermosensitive portion of Mizoguchi. This is because such a structure allows the housing to provide additional space for desired surrounding materials. This is important in order to provide additional material around the sensor such as for instance a gas, thermal paste or the like.
Regarding claim 20, Ogura teaches that the thermosensitive portion of the sensor element includes a thermosensitive body and a protector which is made of a glass and covers the thermosensitive body ([0044] “the thermistor element 2 is covered by a sealing material such as glass”).
Ogura does not directly and specifically state that in the thickness direction, the first layer of the holder has a thickness larger than a thickness of the protector.
However, Mizoguchi teaches “A temperature sensor including a thermosensitive element and a ceramic body having a hollow section which surrounds the thermosensitive element” (abstract; see figs. 1 and 6, where 4 is the thermosensitive element) where the thickness of the first layer (3; see fig. 6) is larger than a thickness of the thermosensitive portion (see at least fig. 6 showing that element 3 is thicker than element 4; see also fig. 9).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the housing holding a temperature sensor of Ogura with the specific knowledge of using the style of housing having a larger aperture / hollow space with enough capacity to house the whole thermosensitive element such that the thickness of the first layer is larger than the thickness of the thermosensitive portion of Mizoguchi. This is because such a structure allows the housing to provide additional space for desired surrounding materials. This is important in order to provide additional material around the sensor such as for instance a gas, thermal paste or the like.
Claims 7, 11-12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ogura (US 20200249097).
Regarding claim 7, Ogura lacks direct and specific teaching that an adhesive body is placed around the thermosensitive portion inside the first housing space, and adhesive bodies are placed around the electric wires inside the respective second housing spaces.
However, Ogura does disclose that the use of adhesive around the thermosensitive element is known ([0005]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the knowledge that adhesive is known in the art for attachment of Ogura with using adhesive bodies in and around the sensor for attaching portions. This is because one of ordinary skill in the art would have expected adhesive to be one of several straightforward ways (adhesives; friction; fasteners) of holding the device together and in desired relative positions because adhesives are known to be simple to apply and function appropriately.
Regarding claim 11, Ogura lacks direct and specific teaching that in the second step, an adhesive is supplied to the housing space to hold, in the housing space, the thermosensitive portion and the electric wires housed in the housing space.
However, Ogura does disclose that the use of adhesive around the thermosensitive element is known ([0005]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the knowledge that adhesive is known in the art for attachment of Ogura with using adhesive bodies in and around the sensor for attaching portions. This is because one of ordinary skill in the art would have expected adhesive to be one of several straightforward ways (adhesives; friction; fasteners) of holding the device together and in desired relative positions because adhesives are known to be simple to apply and function appropriately.
Regarding claim 12, Ogura teaches that the holder includes the first layer including the housing space (at least 6 includes the housing space; see at least fig. 3 and 7), and second layers (at least layers 71 and 72 of element 7; see figs. 4 and 6), and in the second step, the second layers are stacked at positions facing one or both of the openings on top and bottom surfaces of the first layer (see fig. 5 showing these steps).
Regarding claim 18, Ogura lacks direct and specific teaching that an adhesive body is placed around the thermosensitive portion inside the first housing space, and adhesive bodies are placed around the electric wires inside the respective second housing spaces.
However, Ogura does disclose that the use of adhesive around the thermosensitive element is known ([0005]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the knowledge that adhesive is known in the art for attachment of Ogura with using adhesive bodies in and around the sensor for attaching portions. This is because one of ordinary skill in the art would have expected adhesive to be one of several straightforward ways (adhesives; friction; fasteners) of holding the device together and in desired relative positions because adhesives are known to be simple to apply and function appropriately.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Ogura (US 20200249097) in view of Mori et al. (US 20190323901; hereinafter Mori).
Regarding claim 8, Ogura does not directly and specifically state that the adhesive bodies are made of polyvinyl chloride in a gel state.
However, Mori teaches a temperature detecting element (abstract) having a housing (see fig. 5) made of resin which may be “polyvinyl chloride (PVC)” ([0028]; [0042]) and paste adhesives ([0176]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the housing for a temperature sensor of Ogura with the specific knowledge of using the PVC for a housing for a temperature sensor and paste adhesives of Mori. This is because PVC is a well understood and conventional material for housings in the art of temperature sensor housings and paste/gel adhesives are known to be easy to apply. This is important in order to provide a housing having well understood material properties and adhesives which are convenient to apply to portions desired to be adhered together.
Regarding claim 9, Ogura teaches regarding the paired second layers and the first layer having a plate shape (see figs. 2-4), and the first layer is greater in thickness dimension than each of the paired second layers (see fig. 3 showing this relative thickness configuration where element 6 is thicker than elements 71 and 72).
Ogura does not directly and specifically state that the paired second layers and the first layer are each made of polyvinyl chloride.
However, Mori teaches a temperature detecting element (abstract) having a housing (see fig. 5) made of resin which may be “polyvinyl chloride (PVC)” ([0028]; [0042]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the housing for a temperature sensor of Ogura with the specific knowledge of using the PVC for a housing for a temperature sensor of Mori. This is because PVC is a well understood and conventional material for housings in the art of temperature sensor housings. This is important in order to provide a housing having well understood material properties.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP COTEY whose telephone number is (571)270-1029. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP L COTEY/ Examiner, Art Unit 2855
/LAURA MARTIN/ SPE, Art Unit 2855
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