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 .
Election/Restrictions
Applicant’s election of Group 1, claims 1-15, in the reply filed on 1/15/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim 16 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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.
Claim(s) 1-4 and 6-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ubukata (US 4672353 A).
As to claim 1, Ubukata discloses:
A temperature-dependent switch (Fig. 1-6), having a first external terminal 11, a second external terminal 4, 14 and a temperature-dependent switching mechanism 28, 29, 27,
wherein the temperature-dependent switching mechanism comprises a temperature-dependent switching element 27 (col. 4, lines 48-60) which is configured to change its geometric shape (see Fig. 1) as a function of its temperature in order to switch the switching mechanism between a closed position, in which the switching mechanism establishes an electrically conductive connection between the first external terminal and the second external terminal, and an open position, in which the switching mechanism disconnects the electrically conductive connection, and
wherein the temperature-dependent switching mechanism comprises a spring element 28 (col. 4, lines 26-35) which is permanently electrically and mechanically connected in series to the temperature-dependent switching element (welded), and
wherein the temperature-dependent switching mechanism comprises a connecting component 29 which is arranged between the spring element and the temperature-dependent switching element and is attached to the spring element and the temperature-dependent switching element.
As to claim 2, Ubukata discloses:
wherein the connecting component 29 is plate-shaped (see Fig. 1).
As to claim 3, Ubukata discloses:
wherein a first side (generally right side) of the connecting component 29 is attached to the spring element 28 by a first firmly bonded connection (welding) and a second side (generally left side) of the connecting component is attached to the temperature-dependent switching element 27 by a second firmly bonded connection (welding).
As to claim 4, Ubukata discloses:
wherein the connecting component is thicker than the spring element and the temperature-dependent switching element (see Fig. 1).
As to claim 6, Ubukata discloses:
wherein the temperature-dependent switching element comprises a bimetal (col. 4, lines 48-50) or trimetal.
As to claim 7, Ubukata discloses:
wherein the spring element and the temperature-dependent switching element are connected to each other only indirectly via the connecting component (see Fig. 1).
As to claim 8, Ubukata discloses:
wherein a first end of the spring element 28 is attached to a first electrode 18 that is electrically connected to the first external terminal 11, and wherein a second end of the spring element is attached to the connecting component 29.
As to claim 9, Ubukata discloses:
wherein a first end of the temperature-dependent switching element 27 is attached to the connecting component 29, wherein a second end of the temperature-dependent switching element carries a movable contact part 16 which, in the closed position of the temperature-dependent switching mechanism, is pressed against a stationary contact part 17 by the spring element and the temperature-dependent switching element, the stationary contact part being arranged on a second electrode 15 that is electrically connected to the second external terminal 4, 14, and wherein the temperature-dependent switching element is configured to change its geometric shape as a function of its temperature in such a way that it lifts the movable contact part away from the stationary contact part in the open position of the switching mechanism in order to disconnect the electrically conductive connection (see Fig. 1).
As to claim 10, Ubukata discloses:
wherein a first end of the spring element 28 is attached to a first electrode 18 that is electrically connected to the first external terminal 11, wherein a second end of the spring element is attached to the connecting component 29, wherein a first end of the temperature-dependent switching element 27 is attached to the connecting component 29, wherein a second end of the temperature-dependent switching element carries a movable contact part 16 which, in the closed position of the temperature-dependent switching mechanism, is pressed against a stationary contact part 17 by the spring element and the temperature-dependent switching element, the stationary contact part being arranged on a second electrode 15 that is electrically connected to the second external terminal 4, 14, and wherein the temperature-dependent switching element is configured to change its geometric shape as a function of its temperature in such a way that it lifts the movable contact part away from the stationary contact part in the open position of the switching mechanism in order to disconnect the electrically conductive connection (see Fig. 1).
As to claim 11, Ubukata discloses:
wherein the first end of the spring element and the second end of the temperature-dependent switching element are arranged on a same side (left side of the device in Fig. 1) with respect to the connecting element 29.
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ubukata (US 4672353 A) alone as applied to claim 1 above.
As to claim 5, Ubukata discloses:
wherein the spring element 28 comprises metal (col. 4, line 26), in order to fix the spring element by welding (col. 4, lines 26-35), and discloses that the temperature-dependent switching element 27 is welded to the connecting component 29.
Ubukata does not explicitly disclose:
wherein the connecting component comprises metal.
It would have been obvious to one of ordinary skill in the related art(s) before the effective filing date of the claimed invention to modify the device of Ubukata as suggested by Ubukata, e.g., providing:
wherein the spring element and the connecting component each comprise metal;
in order to fix/secure the spring element, connecting component, and switching element together by welding.
It has been held to be within the general skill of a worker in the art to select a known material (e.g., metal) on the basis of its suitability for the intended use (e.g., being welded, and electrical and mechanical interconnection) as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Additionally, all claimed elements were known in the prior art and one skilled in the art could have combined/modified the elements as claimed by known methods with no change in their respective functions, and the combination/modification would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. See KSR International Co. v. Teleflex Inc., 550 U.S.___, 82 USPQ2d 1385 (2007).
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ubukata (US 4672353 A) as applied to claim 10 above, and further in view of Hofsass (US 6249210 B1).
As to claim 12, Ubukata does not explicitly disclose:
wherein the first electrode and the second electrode are held at a distance from one another by an insulating material carrier, and wherein the temperature-dependent switching mechanism is arranged in a recess of the insulating material carrier between the first and the second electrode.
However, Hofsass discloses:
wherein the first electrode 12 (Fig. 1) and the second electrode 15 are held at a distance from one another by an insulating material carrier 16, and wherein the temperature-dependent switching mechanism 19 is arranged in a recess of the insulating material carrier between the first and the second electrode;
in order to form an insulating housing by injection bedding or encapsulation (col. 7, lines 19-28).
It would have been obvious to one of ordinary skill in the related art(s) before the effective filing date of the claimed invention to modify the device of Ubukata as suggested by Hofsass, e.g., providing:
wherein the first electrode and the second electrode are held at a distance from one another by an insulating material carrier, and wherein the temperature-dependent switching mechanism is arranged in a recess of the insulating material carrier between the first and the second electrode;
in order to form an insulating housing by injection bedding or encapsulation.
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. In re Leshin, 125 USPQ 416.
Additionally, all claimed elements were known in the prior art and one skilled in the art could have combined/modified the elements as claimed by known methods with no change in their respective functions, and the combination/modification would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. See KSR International Co. v. Teleflex Inc., 550 U.S.___, 82 USPQ2d 1385 (2007).
As to claim 13, Ubukata in view of Hofsass discloses:
wherein the first electrode 12 (Hofsass) is shaped in the form of a cover or plate or disc and is surrounded along its entire circumference by the insulating material carrier 16 (see Fig. 1).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ubukata (US 4672353 A) as applied to claim 10 above, and further in view of Rotulo (US 20150180222 A1).
As to claim 14, Ubukata does not explicitly disclose:
wherein the first external terminal and the second external terminal are arranged parallel to one another in a common plane, and wherein the first external terminal is electrically connected to the first electrode via a wire connecting element that is aligned transversely to the first and second electrodes.
However, Rotulo discloses:
wherein the first external terminal 34 (Fig. 1-4) and the second external terminal 24 are arranged parallel to one another in a common plane, and wherein the first external terminal is electrically connected to the first electrode 37 via a wire connecting element (bent portion(s) between 34 and 37, connect two wire/conductor portions) that is aligned transversely to the first and second electrodes (extends up and down in Fig. 3 and/or side to side in Fig. 1);
in order to provide coplanar fast-on type terminals (par. 0073).
It would have been obvious to one of ordinary skill in the related art(s) before the effective filing date of the claimed invention to modify the device of Ubukata as suggested by Hofsass, e.g., providing:
wherein the first external terminal and the second external terminal are arranged parallel to one another in a common plane, and wherein the first external terminal is electrically connected to the first electrode via a wire connecting element that is aligned transversely to the first and second electrodes;
in order to provide coplanar fast-on type terminals.
Additionally, all claimed elements were known in the prior art and one skilled in the art could have combined/modified the elements as claimed by known methods with no change in their respective functions, and the combination/modification would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. See KSR International Co. v. Teleflex Inc., 550 U.S.___, 82 USPQ2d 1385 (2007).
As to claim 15, Ubukata in view of Rotulo discloses:
wherein the wire connecting element is at least partially encased by or embedded in an insulating material 40 (see par. 0056-60, Fig. 1-4; Rotulo).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ullermann (US 20110220475 A1), Karr (US 4620175 A), and Hofsass (US 6300860 B1) disclose conventional temperature dependent switch mechanisms.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB R CRUM whose telephone number is (571)270-7665. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jayprakash Gandhi can be reached at (571) 272-3740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB R CRUM/ Primary Examiner, Art Unit 2835