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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group II in the reply filed on 05/27/2026 is acknowledged.
Claims 1-5, 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/27/2026. Further, Claim 19 is withdrawn from further consideration because it is dependent on claim 4. Claim 4 is a dependent claim in the nonelected Group.
Claim Objections
Claim 13 is objected to because of the following informalities:
Claim 13, lines 2-3, “the underlying intermediate layer” was not mentioned in base claim 6 and therefore should be changed - - an underlying intermediate layer - -.
Appropriate correction is required.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 14 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 14, line 2 states “the intermediate layer is structured” and lines 3-4 state “the intermediate layer is structured”, it is unclear if the term “is structured” means the intermediate layer applied on the surface as a pattern or if the term means something else.
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 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 6-15, 17, 18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3633256 A1 (herein EP256).
In reference to claim 6, EP256 teaches electrical contact comprising a substrate (13; fig. 5), the substrate having a metallic and/or metallized surface, and at least one sliding layer (23) which is arranged on the metallic and/or metallized surface of the substrate and consists of a solid lubricant, the sliding layer (6) having a layer thickness of 0.001 μm-4 μm.
It would have been an obvious matter of changing the thickness of the sliding layer to range from 0.001 μm-4 μm, since such a modification would have been a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the thickness of the sliding layer to arrive at the results of claim 6. The sliding layer still lubricates the electrical contact, therefore new results are not produced.
In reference to claim 7, EP256 teaches electrical contact according to claim 6, wherein the substrate has an intermediate layer (21, 22) disposed on the metallic and/or metallized surface of the substrate, and wherein the sliding layer is disposed on the intermediate layer (21, 22); or wherein the substrate has at least one further metal layer (pertaining to 21) arranged on the metallic and/or metallized surface of the substrate, and wherein an intermediate layer (pertaining to 22) is arranged on the at least one further metal layer (pertaining to 21), the sliding layer (23) being arranged on the intermediate layer (pertaining to 22).
In reference to claim 8, EP256 teaches electrical contact according to claim 6, wherein the substrate has at least one first further metal layer (pertaining to 21) arranged on the metallic and/or metallized surface of the substrate, wherein a and wherein an intermediate layer (pertaining to 22) is arranged on the at least second further metal layer, and wherein the sliding layer (6) is arranged on the intermediate layer.
In reference to claim 9, EP256 teaches electrical contact according to claim 6, wherein the substrate is formed of copper, iron, zinc, tin, aluminum and/or an alloy thereof; or where the substrate is made of plastic or ceramic.
In reference to claim 10, EP256 teaches electrical contact according to claim 6; wherein the solid lubricant is selected from the group consisting of sulfides, selenides and tellurides ([0092], (2) mentions tin sulfide, bismuth sulfide); or wherein the solid lubricant is selected from the group consisting of WS.sub.2, MoS.sub.2, NbS.sub.2, NbSe.sub.2, TaS.sub.2, MoTe.sub.2, MoSe.sub.2, WTe.sub.2, WSe.sub.2, HfS.sub.2, SnS.sub.2, Bi.sub.2S.sub.3, Sb.sub.2S.sub.3 and mixtures thereof.
In reference to claim 11, EP256 teaches electrical contact according to claim 6; wherein the solid lubricant is selected from the group consisting of graphite, graphite oxide, graphite fluoride, phthalocyanine, organic polymers, polytetrafluoroethylene (PTFE), and metal complexes derived therefrom ([0092], (1) mentions graphite).
In reference to claim 12, EP256 teaches electrical contact according to claim 6, wherein the sliding layer (6) has a layer thickness of at most 3 μm; and/or wherein the solid lubricant is in particulate form (see [0142], lines 4-8 which mentions it comprises “graphite particles” ); and/or wherein the solid lubricant comprises a finely-dispersed solid component having an average particle size (d50) of 1 nm-100 μm.
In reference to claim 13, EP256 teaches electrical contact according to claim 6, wherein the sliding layer completely covers the underlying substrate or the underlying intermediate layer; or wherein the sliding layer (6) at least partially covers the substrate arranged thereunder or the intermediate layer (5) arranged thereunder.
In reference to claim 14 , EP256 teaches electrical contact of claim 13, wherein the substrate (13) or the intermediate layer (pertaining to 21) is structured; and/or wherein the sliding layer (6) at least partially covers the substrate or the intermediate layer (5) is structured.
In reference to claim 15, EP256 substantially teaches the claimed invention.
However EP256 does not teach the coefficient of friction of the electrical contact is in the range of 0.02-0.90.
It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Choosing a material for the electrical contact so that the coefficient of friction of the electrical contact is in the range of 0.02-0.90 is seen as an obvious modification.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose the material of the electrical contact to arrive at the results of claim 15. The material still provides a low coefficient of friction, therefore new results are not produced.
In reference to claim 17, EP256 teaches a connector (see fig. 1) comprising the electrical contact of claim 6.
In reference to claim 18, EP256 teaches a method for adjusting a coefficient of friction of surfaces of an electrical contacts (shown in figure 5), comprising using a solid lubricant (23) with the electrical contact, wherein the solid lubricant is selected from the group consisting of sulfides ([0092], (2) mentions tin sulfide, bismuth sulfide);, selenides and tellurides; or wherein the solid lubricant is selected from the group consisting of WS.sub.2, MoS.sub.2, NbS.sub.2, NbSe.sub.2, TaS.sub.2, MoTe.sub.2, MoSe.sub.2, WTe.sub.2, WSe.sub.2, HfS.sub.2, SnS.sub.2, Bi.sub.2S.sub.3, Sb.sub.2S.sub.3 and mixtures thereof (the term “mixtures thereof” is seen broad enough to encompass the materials listed in [0092], (1), (2) which mentions materials used for the solid coating layer 23. ); or wherein the solid lubricant is selected from the group consisting of graphite, graphite oxide, graphite fluoride, phthalocyanine, organic polymers, polytetrafluoroethylene (PTFE), and metal complexes derived therefrom (see [0092], (1) which mentions graphite).
In reference to claim 20, EP256 teaches the electrical contact of claim 8, wherein the at least one first further metal layer (pertaining to 21) is formed from one of the metals selected from the group comprising gold (Au), copper (Cu), nickel (Ni), palladium (Pd), platinum (Pt), rhodium (Rh), ruthenium (Ru), silver (Ag), zinc (Zn), tin (Sn) and an alloy (see [0054], line 4 which mentions a Zn-Ni alloy plating layer 21) thereof.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS SLOAN CHAMBERS whose telephone number is (571)272-6813. The examiner can normally be reached M-F 8:30a.m.-5:00p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abdullah A Riyami can be reached at 571-270-3119. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRAVIS S CHAMBERS/Primary Examiner, Art Unit 2831 06/22/2026
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