Prosecution Insights
Last updated: May 28, 2026
Application No. 18/553,469

TEMPERATURE SENSOR

Final Rejection §102
Filed
Sep 29, 2023
Priority
Aug 25, 2022 — nonprovisional of PCTJP2022032042
Examiner
JAGAN, MIRELLYS
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Shibaura Electronics Co. Ltd.
OA Round
2 (Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
1225 granted / 1478 resolved
+14.9% vs TC avg
Moderate +6% lift
Without
With
+5.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
20 currently pending
Career history
1499
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
71.2%
+31.2% vs TC avg
§102
14.8%
-25.2% vs TC avg
§112
11.0%
-29.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1478 resolved cases

Office Action

§102
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Drawings The replacement drawings filed 12/30/25 are approved and have been entered. 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. Claims 1, 2, 4, 8, 12, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JPS59100227 [hereinafter ‘227] (see the translation in the IDS filed 9/29/23). Referring to claim 1, ‘227 discloses a temperature sensor (figures 1, 3; paragraphs 1, 2; claim 1), comprising: a sensor element including a thermosensitive body (temperature sensor) configured to detect a temperature of a measurement object (9), and a protector (11a) that internally houses the thermosensitive body (temperature sensor) (figure 3); and an elastic bracket (1) that holds the protector (11a) and is configured to apply an elastic force to the protector (11a) toward the measurement object (9) (claim 1); wherein the elastic bracket (1) includes a first spring piece (5b) holding the protector (11a), a second spring piece (5a) facing the first spring piece (5b), and a connection piece (6) connecting a connected side of the first spring piece (5b) to a connected side of the second spring piece (5a) (figure 1); and wherein, in a non-load state of the elastic bracket (figure 1), the first spring piece (5b) and the second spring piece (5a) are inclined to and face each other through a predetermined inclination angle, and a distance between the first spring piece (5b) and the second spring piece (5a) is larger at respective free end sides of the first spring piece (5b) and the second spring piece (5a) than at the respective connected sides. Referring to claim 2, ‘227 discloses (figures 3) the first spring piece (2b) including a second surface facing the second spring piece (5a), and a first surface on a back side of the second surface, and the protector (11a) being held in contact with the first surface. Referring to claim 4, ‘227 discloses (figures 1, 3) the protector (11a) being held by a holding piece (forming grove 4) integrally provided on the first spring piece (5b). Referring to claim 8, ‘227 discloses a temperature measurement structure (figures 1, 3; paragraphs 1, 2; claim 1) comprising: a measurement object (9); a supporter facing (10) the measurement object (9) (figure 3); and a temperature sensor mounted between the measurement object (9) and the supporter (10) (figure 3); wherein the temperature sensor includes a sensor element including a thermosensitive body (temperature sensor) configured to detect a temperature of the measurement object (9), a protector (11a) that internally houses the thermosensitive body, and an elastic bracket (1) that holds the protector (11a) and is configured to apply an elastic force to the protector (11a) toward the measurement object (9) (claim 1); the elastic bracket (1) includes a first spring piece (5b) holding the protector (11a), a second spring piece (5a) facing the first spring piece (5b), and a connection piece (6) connecting a connected side of the first spring piece (5b) to a connected side of the second spring piece (5a); and wherein, in a non-load state of the elastic bracket (1) (figure 1), the first spring piece (5b) and the second spring piece (5a) are inclined to and face each other through a predetermined inclination angle, and a distance between the first spring piece (5b) and the second spring piece (5a) is larger at respective free end sides of the first spring piece (5b) and the second spring piece (5a) than at the respective connected sides. Referring to claim 12, ‘227 discloses the first spring piece (5b) and the second spring piece (5a) being connected via the connection piece (6) in such a manner that the elastic bracket (1) is U-shaped (figures 1, 3) and that a width direction of the connection piece (6) crosses a longitudinal direction of the first spring piece (5b) (figures 1, 3). Referring to claim 13, ‘227 discloses the first spring piece (5b) and the second spring piece (5a) being connected via the connection piece (6) in such a manner that the elastic bracket (1) is U-shaped (figure 1) and that a width direction of the connection piece (6) crosses a longitudinal direction of the first spring piece (5b) (figure 1). Claims 1, 3, 8, 9, 12, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 5,088,836 to Yamada et al [hereinafter Yamada]. Referring to claim 1, Yamada discloses a temperature sensor (figures 1F, 7, 8A; column 1, line 58-column 2, line 6; column 4, lines 15-35; column 5, lines 16-24), comprising: a sensor element (4a) including a thermosensitive body (thermistor) configured to detect a temperature of a measurement object (1), and a protector (54) that internally houses the thermosensitive body (thermistor) (figures 1F, 8A; column 5, lines 16-24); and an elastic bracket (31) that holds the protector (54) and is configured to apply an elastic force to the protector (54) toward the measurement object (1) (figure 1F; column 4, lines 15-35); wherein the elastic bracket (31) includes (figure 1F) a first spring piece holding the protector (54), a second spring piece (connected to 32) facing the first spring piece, and a connection piece (bend area surrounding 37) connecting a connected side of the first spring piece to a connected side of the second spring piece; and wherein, in a non-load state of the elastic bracket (31), the first spring piece and the second spring piece are inclined to and face each other through a predetermined inclination angle, and a distance between the first spring piece and the second spring piece is larger at respective free end sides of the first spring piece and the second spring piece than at the respective connected sides (figure 1F) (the bend area held in a bent state by the supporting piece (37) will, in a non-loaded state, be inclined to and face each other through a predetermined inclination angle (created by supporting piece 37), and a distance between the first spring piece and the second spring piece will be larger at respective free end sides of the first spring piece and the second spring piece than at the respective connected sides in order for the bracket to apply the force to the protector when it is placed in a loaded position between the measurement object (1) and a supporter (32)). Referring to claim 3, Yamada discloses (figure 1F) that the first spring piece (holding 4a) includes a second surface facing the second spring piece (connected to 32), and a first surface on a back side of the second surface, and the protector (54) is held in contact with the second surface. Referring to claim 8, Yamada discloses a temperature measurement structure (figures 1F, 7, 8A; column 1, line 58-column 2, line 6; column 4, lines 15-35; column 5, lines 16-24) comprising: a measurement object (1); a supporter facing (32) the measurement object (1) (figure 1F, 8A); and a temperature sensor (4a) mounted between the measurement object (1) and the supporter (32) (figure 1F); wherein the temperature sensor includes a sensor element including a thermosensitive body (thermistor) configured to detect a temperature of the measurement object (1), a protector (54) that internally houses the thermosensitive body (figures 1F, 8A; column 5, lines 16-24), and an elastic bracket (31) that holds the protector (54) and is configured to apply an elastic force to the protector (54) toward the measurement object (1) (figure 1F; column 4, lines 15-35); the elastic bracket (31) includes a first spring piece holding the protector (54), a second spring piece (connected to 32) facing the first spring piece, and a connection piece (bend area surrounding 37) connecting a connected side of the first spring piece to a connected side of the second spring piece (figure 1F); and wherein, in a non-load state of the elastic bracket (31) the first spring piece and the second spring piece are inclined to and face each other through a predetermined inclination angle, and a distance between the first spring piece and the second spring piece is larger at respective free end sides of the first spring piece and the second spring piece than at the respective connected sides (figure 1F) (the bend area held in a bent state by the supporting piece (37) will, in a non-loaded state, be inclined to and face each other through a predetermined inclination angle (created by supporting piece 37), and a distance between the first spring piece and the second spring piece will be larger at respective free end sides of the first spring piece and the second spring piece than at the respective connected sides in order for the bracket to apply the force to the protector when it is placed in a loaded position between the measurement object (1) and a supporter (32)). Referring to claim 9, Yamada discloses the protector (54) being held by a holding piece (11) integrally provided on the first spring piece (figures 1F, 8a; column 3, lines 10-15; column 4, lines 10-13). Referring to claim 12, Yamada discloses the first spring piece and the second spring piece being connected via the connection piece in such a manner that the elastic bracket (31) is U-shaped (figure 1F) and that a width direction of the connection piece crosses a longitudinal direction of the first spring piece (figures 1F, 7, 8a). Referring to claim 13, Yamada discloses the first spring piece and the second spring piece being connected via the connection piece in such a manner that the elastic bracket (31) is U-shaped (figure 1F) and that a width direction of the connection piece crosses a longitudinal direction of the first spring piece (figures 1F, 7, 8a). Allowable Subject Matter Claims 5-7, 10, and 11 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. The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not disclose or suggest the following in combination with the remaining limitations of the claims: A temperature sensor, wherein the protector includes a held portion held by the holding piece, and a thermosensitive portion sealing the thermosensitive body, and the held portion is thinner in thickness than the thermosensitive portion (claim 5); wherein the protector includes a thermosensitive portion sealing the thermosensitive body, and the thermosensitive portion includes a flat thermosensitive surface to come into surface contact with the measurement object, and a supported surface opposed to the thermosensitive surface in parallel and supported by a flat surface of the first spring piece (claim 7); and wherein a thermosensitive portion sealing the thermosensitive body, and the held portion is thinner in thickness than the thermosensitive portion (claim 10). Response to Arguments Applicant’s arguments with respect to the claims have been considered, but are moot in view of the new grounds of rejection stated above. Conclusion 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 MIRELLYS JAGAN whose telephone number is (571)272-2247. The examiner can normally be reached Tuesday-Friday 8-6. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera can be reached at 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MIRELLYS JAGAN/ Primary Examiner Art Unit 2855 2/12/26
Read full office action

Prosecution Timeline

Sep 29, 2023
Application Filed
Sep 30, 2025
Non-Final Rejection mailed — §102
Dec 30, 2025
Response Filed
Feb 18, 2026
Final Rejection mailed — §102
Apr 02, 2026
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
83%
Grant Probability
88%
With Interview (+5.6%)
2y 7m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1478 resolved cases by this examiner. Grant probability derived from career allowance rate.

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