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 .
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 1-5, 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2017044539 (herein WO539) in view of Horiuchi et al. US 9917396 B2.
In reference to claim 1, WO539 teaches an electronic control unit (10; fig. 1A), comprising: a base plate (16) including a load-bearing area (160; fig. 8) and a mounting area (10a; fig. 1B) provided on a side of the load-bearing area, a housing (14; fig. 1A) mounted on the load-bearing area of the base plate, and including a top wall and side walls (see fig. 1A) extending downwardly from an edge of the top wall and disposed continuously around the top wall (see fig. 1A), wherein the top wall and the side walls collectively define an accommodating space of the housing (see fig. 1A); a printed circuit board (near lead line 15; fig. 1A) located in the accommodating space between the base plate and the housing; and an electrical connector (12; fig. 1A) electrically connected with the printed circuit board, exposed through an opening provided on one of the side walls (see fig. 1A, 1B).
However WO539 does not teach the base plate defining at least one guide hole that penetrates the base plate in the mounting area, and an electrical connector positioned above the guide holes.
Horiuchi teaches of a guide holes (77; fig. 2). Using the teachings of utilizing guide holes (77; fig. 2) of Horiuchi to modify WO539 in order to arrive at the results of claim 1 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 use the teachings of Horiuchi to modify WO539 in order to improve the electronic control unit by allowing water drainage hole to remove water from the connector.
In reference to claim 2, WO539 teaches the base plate is an integral stamped piece made of a metal material, and the load-bearing area includes a rib (174; fig. 8) configured to enclose the load-bearing area and protrude towards the printed circuit board in a plane perpendicular to the load-bearing area.
In regard to “stamped piece”, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight.
In reference to claim 3, WO539 teaches wherein the inner peripheral profile of the lower portion of the side walls matches the outer peripheral profile of the rib such that the side walls of the housing enclose the rib in a clearance-fitting manner in the assembled state (see fig. 9A, 9B, where the rib fits behind the wall).
In reference to claim 4, WO539 teaches wherein the load-bearing area further comprises a plurality of mounting bosses (176; fig. 8) provided in an area enclosed by the rib and protruding in the same protrusion direction as the rib such that a gap is created between the printed circuit board and the base plate in the assembled state.
In reference to claim 5, WO539 teaches wherein a part of the rib (174) positioned between the electrical connector and the base plate is raised as compared to other parts of the rib such that viewing the part of the rib in the direction in which the opening is opened obscures the gap between the printed circuit board and the base plate.
In reference to claim 11, WO539 in view of Horiuchi substantially teaches the claimed invention.
However Horiuchi does not teach wherein the guide holes are configured to collectively occupy an area of at least 20 square millimeters, allowing the electronic control unit, via the guide holes, to maintain a guided flow rate of 77.8 milliliters / minute when tilted 30 degrees in the direction in which the opening is opened.
It would have been an obvious matter of changing the size of the guiding holes to arrive at the results of claim 11, 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 size of the guiding holes to arrive at the results of claim 11. The guide holes still provide drainage, therefore new results are not produced.
In reference to claim 12, WO539 in view of Horiuchi substantially teaches the claimed invention.
However WO539 does not teach wherein the area on the base plate where the guide holes are provided is recessed in a stepped or graduated manner by a depth of 0.3 to 0.5 millimeters relative to other flat areas of the base plate.
It would have been obvious at the time of the claimed invention to change the shape of the area of the base plate where the guide holes are provided to be recessed in a stepped or graduated manner by a depth of 0.3 to 0.5 millimeters relative to other flat areas of the base plate, since such a modification would have involved a mere change in the shape of a component. A change in shape 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 shape of the area of the base plate where the guide holes are provided to arrive at the results of claim 12. The base plate still utilizes guide holes for drainage, therefore new results are not produced.
In reference to claim 13, WO539 teaches wherein: the electrical connector includes an insulated body divided into at least one connection port (see fig. 1A), of which the insulated body is configured with an upper edge upwardly protruding from the top wall facing the housing and side edges protruding separately towards the side walls of the housing (see fig. 1A), with the upper edge and side edges being connected to form a frame around the insulated body, and a sealing component (see [0043] that explains a seal between connector 12 and housing 14) is positioned between the frame of the insulated body and the opening of the housing (see [0043]).
In reference to claim 14, WO539 teaches wherein the electrical connector further includes a plurality of conductive terminals accommodated within respective connection ports (see fig. 1A), with the terminal pins of the conductive terminals extending downwardly through the printed circuit board to electrically connect the electrical connector with the printed circuit board (see fig. 1A).
In reference to claim 15, WO539 teaches wherein the electronic control unit is an electronic control unit for airbags in vehicles.
Regarding the limitation is “ an electronic unit for airbags”, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2017044539 (herein WO539) and Horiuchi et al. US 9917396 B2 as applied to claim 3 above, further in view of CN 2697889 Y (herein CN889).
In reference to claim 6, WO539 teaches wherein: at least one mounting hole (178; fig. 8) is provided at the top of each mounting boss, fasteners respectively pass through the mounting holes in the mounting bosses and through corresponding mounting holes provided in the housing and in the printed circuit board, the base plate, the housing and the printed circuit board are secured together with the fasteners.
However WO539 does not teach a reinforcing element is provided between the mounting bosses in the load-bearing area, and the reinforcing element protrudes in the same protrusion direction as the mounting bosses and has a protrusion height smaller than the protrusion height of the mounting bosses.
CN889 teaches of a reinforcing element (1623; fig. 3). Using the teachings of CN889 to modify WO539 to arrive at the results of claim 6 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 use the teachings of CN889 to modify WO539 in order to improve the strength between the mounting bosses in the load-bearing area.
Allowable Subject Matter
Claims 7-10 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.
Response to Arguments
Applicant’s arguments, see page 2, lines 2-15, filed Remarks dated 05/26/2026, regarding “…The purpose of those holes is to discharge water that may pool in the upper shell fitting portion of Horiuchi's device connector. (Horiuchi column 7, lines 21-49.) Horiuchi therefore teaches drainage through a shell portion of a connector assembly, not through a base plate mounting area positioned beneath an electrical connector. Even if one of ordinary skill in the art sought to add drainage to WO539 based on Horiuchi, Horiuchi would, at most, suggest providing drainage at a corresponding shell or connector-region location, not relocating the drainage holes into the base plate mounting area beneath the electrical connector. (See Horiuchi Fig. 1 and WO539 Fig. 1B.) Horiuchi does not teach or suggest relocating such drainage holes into the base plate mounting area of WO539 beneath the electrical connector, as required by claim 1. As such, one of ordinary skill in the art combining the teachings of WO539 with those of Horiuchi would not arrive at a system that would include the above-identified structures recited in claim 1. Accordingly, one of ordinary skill in the art combining the teachings of WO539 with those of Horiuchi would not arrive at the claimed invention. Therefore, WO539 and Horiuchi cannot be combined so as to establish a prima facie case of obviousness with respect to claim 1. Consequently, claim 1 is patentable over the cited references.” have been fully considered but they are not persuasive. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. In this case, even though it is at a different location, Horiuchi’s hole (77;fig. 1) serves as a guide hole to drain fluid. The hole (77) is formed and penetrates through a metal component (62; fig. 1) [see Horiuchi Col. 4, lines 46-51]. The base plate of WO539 is also made out of metal (see WO639 [0079]) and utilizing the teaching of Horiuchi’s hole, which is formed and penetrates through a metal component, to modify WO639 it is seen to yield predictable results in regard to claim 1. Combining the teaching of Horiuchi to modify WO639 the hole can be placed where it is necessary to provide drainage.
Conclusion
THIS ACTION IS MADE FINAL. 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 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 06/16/2026
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