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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on May 25, 2026 has been entered.
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.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Becker et al.
Regarding claims 1 and 2, Becker teaches a circuit protection device (“temperature dependent layer”) suitable for surface mounting onto a substrate (see paragraph 0003). The device comprises a positive temperature coefficient (PTC) element sandwiched between metal electrodes, with attached terminals (“electrodes and terminals”; see paragraph 0008 and figs. 2A-2C). The terminals attached to one or both of the metal foil electrodes comprises a flexible section (see paragraphs 0009 and 0056), allowing the system to accommodate expansion of the PTC element when it “trips”, under the conditions that induce excessive heat generation (see paragraphs 0005-0006). Becker further teaches that the terminals are soldered to the substrate (paragraph 0007 and fig. 1), that both terminals are electrically and mechanically connected to the mounting surface.
Allowable Subject Matter
Claims 3-7, 9 and 15-26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYUNG S LEE whose telephone number is (571)272-1994. The examiner can normally be reached 7AM-3PM M-F.
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/KYUNG S LEE/Primary Examiner, Art Unit 2831
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