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 .
Non-Patent Literature Cited:
The Engineering ToolBox (2003). Linear Thermal Expansion Coefficients of Materials. [online] Available at: https://www.engineeringtoolbox.com/linear-expansion-coefficients-d_95.html. Accessed March 16, 2026
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(s) 1-7 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US-10395876-B1 (Herein, “Su”), and further in view of US-20080116851-A1 (Herein, “Mori”).
Regarding claim 1, Su discloses, according to all the features of claim 1, a protective element (FIG. 4, 20), comprising:
a base substrate (36) having a first electrode (35) and a second electrode (45) formed thereon,
the first electrode and the second electrode each being connected to an external circuit ((7); FIG. 6 shows an equivalent circuit diagram of the protection device in accordance with an embodiment of the present application;)
(The Examiner notes that it is inherent that the first electrode and the second electrode are connected to an external circuit in order for the battery to operate.) ;
a fusible conductor (column 5, line 57-58, “The fusible element 29 may comprise ….metal) supported on a first surface (see FIG. 4) thereof by the base substrate (36) and connected to the first electrode (35) and the second electrode (45);
a heater (25) configured to fuse the fusible conductor (29) by generating heat; and
a heater-attached substrate (26) having the heater (25) provided thereon (Fig. 4)
wherein the fusible conductor (29) has one contact (48) (see FIG.4 annotated, red line) with the heater-attached substrate (26)
the one contact (48) is positioned on a second surface of the fusible conductor (29), which is an opposite surface to the first surface (Fig. 4).
Su is silent on wherein the number of the heater attached substrate is one.
Mori teaches wherein the number of heater attached substrate (PR2, further in view of heater R2 as depicted in Fig. 4) is one.
Therefore, it would have been obvious to one skilled in the art before the effective filling date of the invention to substitute the plurality of heater attached substrates of Su with the single heater attached substrate of Mori because the substituted component was known, their functions were known in the art, and one of ordinary skill in the art could have substituted one known component for another and that the results of the substitution would have been predictable. See MPEP 2143 I (B).
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FIG. 4 of Su
Regarding claim 2, modified Su discloses the protective element according to claim 1, wherein the heater (Su, 25) is formed on a surface of the heater-attached substrate (26, Fig. 4), which is an opposite surface to a surface contacting the fusible conductor (29, Fig. 4).
Regarding claim 3, modified Su discloses the protective element according to claim 1, wherein the heater (25) is formed on a surface of the heater-attached substrate (26), which is the same surface as a surface contacting the fusible conductor (29).
Regarding claim 4, modified Su discloses the protective element according to claim 1, wherein the fusible conductor (29) comprises a plurality of the fusible conductors (See Column 6, lines 21, “fusible element 29 comprises two fuses”), and there is one contact between each fusible conductor and the heater-attached substrate (26, The Examiner notes that is inherent).
Regarding claim 5, modified Su discloses the protective element according to claim 1, wherein the heater-attached substrate (26) is a ceramic substrate (see Column 6, Lines 2-5, the heater attached substrate 26 may consist of “glass, epoxy, aluminum oxide, silicone or glaze”).
Regarding claim 6, modified Su discloses the protective element according to claim 1, wherein the base substrate (36) has a smaller linear expansion coefficient difference relative to the fusible conductor than the heater-attached substrate (26).
This Office notes that the base substrate 36 may consist of “aluminum oxide, aluminum nitride, zirconium oxide and/or heat resistant glass” (see Column 5, lines 47-50). Meanwhile, the heater attached substrate 26 may consist of “glass, epoxy, aluminum oxide, silicone or glaze” (see Column 6, lines 2-5).
It is noted that the base substrate 36 may consist of aluminum nitride with a linear temperature expansion coefficient of 5.3 * 10^-6 m/(C degree). Meanwhile, epoxies can have linear thermal expansion coefficients from 36-65 * 10^-6 m/(C degree). See The Engineering ToolBox
Regarding claim 7, modified Su discloses the protective element according to claim 1, wherein the heater-attached substrate (26) has a plurality of the heaters (FIG. 13, 33/63/65) formed thereon.
The Examiner notes that the heater-attached substrate 26 is in contact with the heater 25 of FIG. 4, which consists of a plurality of heaters 33, 63, 65 of FIG. 13.
Regarding claim 15, modified Su discloses the protective element according to claim 2, wherein the heater-attached substrate is a ceramic substrate (see Column 6, Lines 2-5, the heater attached substrate 26 may consist of “glass, epoxy, aluminum oxide, silicone or glaze”).
Claim(s) 8-14, 16 is/are rejected under 35 U.S. Code § 103 as being unpatentable over Su, and further in view of Mori and US-2021-0344212-A1 (Herein, “Jee”). Herein, note that all references are to Su, unless otherwise noted.
Regarding claim 8, Su teaches a battery pack (See column 6 in respect of equivalent circuit diagram 20, Figure 6) comprising:
one or more battery cells (The Examiner notes that it is inherent that a battery pack comprises at least one or more battery cells to store chemical energy and convert it into electrical energy; Further, JEE FIG, 1 shows at least one or more battery cells 11);
a protective element, connected to a charge/discharge path of the battery celland configured to interrupt, the charge/discharge path (Column 6, lines 14-15; “the second electrode terminal 42 connects to a terminal of the charger or the like”); and
a current control element configured to detect, a voltage value of the one or more battery cells and to control supply of current (JEE, [0062], “The control unit 130 may receive the first voltage value and the first current value and estimate a first electricity amount of the battery cell 11 based on the first current value”) to the protective element (Column 6, lines 11-13; “the first electrode terminal 41 connects to a terminal of an apparatus to be protected such as a secondary battery or motor”), wherein
the protective element comprises:
a base substrate (36) having a first electrode (35) and a second electrode (45) formed thereon,
the first electrode and the second electrode each being connected to an external circuit ((7) FIG. 6 shows an equivalent circuit diagram of the protection device in accordance with an embodiment of the present application;)
(The Examiner notes that it is inherent that the first electrode and the second electrode are connected to an external circuit in order for the battery to operate.)
a fusible conductor (column 5, line 57-58, “The fusible element 29 may comprise ….metal) supported on a first surface (see FIG. 4) thereof by the base substrate (236) and connected to the first electrode (35) and the second electrode (45);
a heater (25) configured to fuse the fusible conductor (29) by generating heat; and
a heater-attached substrate (26) having the heater (25) provided thereon (Fig. 4)
wherein the fusible conductor (29) has one contact (48) (see FIG.4 annotated, red line) with the heater-attached substrate (26)
the one contact (48) is positioned on a second surface of the fusible conductor (29), which is an opposite surface to the first surface (Fig. 4).
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FIG. 4 of Su
Modified Su is silent on wherein the number of the heater attached substrate is one.
Mori teaches wherein the number of heater attached substrate (PR2, further in view of heater R2 as depicted in Fig. 4) is one.
Therefore, it would have been obvious to one skilled in the art before the effective filling date of the invention to substitute the plurality of heater attached substrates of modified Su with the single heater attached substrate of Mori because the substituted component was known, their functions were known in the art, and one of ordinary skill in the art could have substituted one known component for another and that the results of the substitution would have been predictable. See MPEP 2143 I (B).
Regarding claim 9, modified Su teaches the protective element according to claim 1, wherein the heater (25) is formed on a surface of the heater-attached substrate (26), which is an opposite surface to a surface contacting the fusible conductor (29).
Regarding claim 10, modified Su teaches the protective element according to claim 1, wherein the heater (25) is formed on a surface of the heater-attached substrate (23), which is the same surface as a surface contacting the fusible conductor (29).
Regarding claim 11, modified Su teaches the protective element according to claim 1, wherein the fusible conductor (29) comprises a plurality of the fusible conductors (See Column 6, lines 21, “fusible element 29 comprises two fuses”), and there is one contact between each fusible conductor and the heater-attached substrate (26).
Regarding claim 12, modified Su teaches the protective element according to claim 1, wherein the heater-attached substrate (26) is a ceramic substrate (see Column 6, Lines 2-5, the heater attached substrate 26 may consist of “glass, epoxy, aluminum oxide, silicone or glaze”).
Regarding claim 13, modified Su teaches the protective element according to claim 1, wherein the base substrate (36) has a smaller linear expansion coefficient difference relative to the fusible conductor than the heater-attached substrate (26).
This Office notes that the base substrate 36 may consist of “aluminum oxide, aluminum nitride, zirconium oxide and/or heat resistant glass” (see Column 5, lines 47-50). Meanwhile, the heater attached substrate 26 may consist of “glass, epoxy, aluminum oxide, silicone or glaze” (see Column 6, lines 2-5).
It is noted that the base substrate 36 may consist of aluminum nitride with a linear temperature expansion coefficient of 5.3 * 10^-6 m/(C degree). Meanwhile, epoxies can have linear thermal expansion coefficients from 36-65 * 10^-6 m/(C degree). See The Engineering ToolBox
Regarding claim 14, modified Su teaches the protective element according to claim 1, wherein the heater-attached substrate (36) has a plurality of the heaters (FIG. 13, 33/63/65) formed thereon.
The Examiner notes that the heater-attached substrate 26 is in contact with the heater 25, which consists of a plurality of heaters 33, 63, 65.
Regarding claim 16, modified Su teaches the battery pack according to claim 9, wherein the heater-attached substrate is a ceramic substrate (see Column 6, Lines 2-5, the heater attached substrate 26 may consist of “glass, epoxy, aluminum oxide, silicone or glaze”).
Response to Amendment
The amendment filed June 30, 2026 has been entered. Claims 1-16 are pending in the application. Applicant’s amendments to the Specification, Drawings, and Claims have overcome each and every objection and 112(b) rejection previously set fourth in the Non-Final Office Action mailed on June 30, 2026.
Response to Arguments
Applicant's arguments filed June 30, 2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim 1 concerning the number of heater-attached substrates has been considered but is not persuasive.
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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FIG. 4 of Su
While the Examiner acknowledges the annotated FIG. 4 of Su was amended by the Examiner from the office action mailed on March 31, 2026, the Examiner notes that the applicant’s amendments made on June 30, 2026 necessitated additional search and consideration. Therefore, this action is made final.
Conclusion
Additional prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: US-20090159354-A1 (Herein, “Jiang”; see 800 in Fig. 12), JP-6030431-B2, and US-20170338645-A1 (Herein, “Wang”).
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 EVAN M ABELSON whose telephone number is (571)272-9302. The examiner can normally be reached Monday - Friday, 7:30 AM - 5:00 PM U.S. EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas A. Smith, can be reached at(571) 272 - 8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.M.A./Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752
