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 .
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, 3-4, 6-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2017010621 A (Kumon).
Regarding claim 1: Kumon teaches a thermally responsive element, the thermally responsive element which is a plate-like member (heat-responsive element 5) and which has a shape that changes in accordance with a temperature change (“of which the shape is changed in response to a temperature change”), wherein: a cross-section of the thermally responsive element at room temperature has a compound curved shape formed by combining a plurality of curves (Fig. 7b), a cross-section of a central portion of the thermally responsive element and a cross-section of an outer peripheral portion surrounding the central portion each having a different curved shape (Figs. 7a-7b); the shape of the thermally responsive element changes when a predetermined temperature out of a range of room temperature is reached (“When an overcurrent or high temperature state is reached, the thermoresponsive element 5 that has reached the operating temperature is warped in reverse and deformed into a curved shape so as to protrude toward the base 71.”); a cross-section of the thermally responsive element after the shape change has a compound curved shape formed by combining a plurality of curves, a cross-section of the central portion of the thermally responsive element and a cross-section of the outer peripheral portion surrounding the central portion each having a different curved shape (Fig. 7, snap element 5A and convex body 54, for example); and a border between the central portion and the outer peripheral portion is the same before and after the shape change of the thermally responsive element (Fig. 2).
Regarding claim 3: Kumon teaches the thermally responsive element according to claim 1 (see above), wherein: the thermally responsive element is a bimetal including: a first metal layer; and a second metal layer which is below the first metal layer and which has a greater coefficient of thermal expansion than the first metal layer (“a bimetal, which is a plate material in which two types of metals having different thermal expansion coefficients”); the predetermined temperature is a temperature that exceeds room temperature (“When an overcurrent or high temperature state is reached, the thermoresponsive element 5 that has reached the operating temperature is warped in reverse and deformed into a curved shape so as to protrude toward the base 71.”); the thermally responsive element at room temperature has a shape which is convex upward as a whole with the central portion protruding upward (Figs. 2a-2b); and the thermally responsive element after the shape change has a shape which is convex downward as a whole with the central portion protruding downward (Figs. 2a-2b).
Regarding claim 4: Kumon teaches the thermally responsive element of claim 1 (see above) wherein: the thermally responsive element has a rounded quadrilateral shape in plan view (Fig. 1, thermally responsive element 5); and the border is on a circumference of a concentric circle having a diameter of a length that is 1% to 50% of a diameter of a circumcircle circumscribed around the rounded quadrilateral shape (Fig. 1).
Regarding claim 6: Kumon teaches a method of manufacturing the thermally responsive element of claim 1 (see above), the method comprising a step of shaping a material of the thermally responsive element by a multi-stage pressing process by a press machine (main body 51), wherein a punch which is made of metal and which has a shape with a central portion protruding and a die made of an elastic material are used in a pressing process of a last stage in the multi-stage pressing process (punch P, die D, “In the first embodiment, the bending step for forming the main body 51 and the step for forming the boundary 53 and the surface portion 52 are realized by pressing the punch P once. The steps may be performed separately.”).
Regarding claim 7: Kumon teaches a method of manufacturing the thermally responsive element of claim 1 (see above), the method comprising a step of performing a pressing process during which a material of the thermally responsive element is sandwiched between upper and lower tools made of metal (“The main body 51 is formed by pressing a punch P having a curved surface into a bimetal plate”).
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.
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.
Claim(s) 2 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2017010621 A (Kumon).
Regarding claim 2: Kumon teaches the thermally responsive element according to claim 1 (see above), wherein: the thermally responsive element is a bimetal including: a first metal layer; and a second metal layer which is below the first metal layer and which has a greater coefficient of thermal expansion than the first metal layer (“a bimetal, which is a plate material in which two types of metals having different thermal expansion coefficients”); the thermally responsive element at room temperature has a shape which is convex downward as a whole with the central portion protruding downward (Figs. 2a-2b); and the thermally responsive element after the shape change has a shape which is convex upward as a whole with the central portion protruding upward (Figs. 2a-2b).
Kumon does not directly teach that the predetermined temperature is a temperature that falls below room temperature.
However, Kumon does teach “When an overcurrent or high temperature state is reached, the thermoresponsive element 5 that has reached the operating temperature is warped in reverse and deformed into a curved shape so as to protrude toward the base 71.”
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the temperature threshold of Kumon by applying it in reverse as well. This is because one of ordinary skill in the art would have expected measuring when temperature drops below room temperature to be one of several straightforward ways of measuring temperature data because temperature only rises, falls, or remains constant. When the desire is to maintain a constant temperature, it is obvious to measure when it both rises and falls.
Regarding claim 5: Kumon teaches the thermally responsive element of claim 1 (see above) but does not directly teach that the thermally responsive element has a circular shape in plan view; and the border is on a circumference of a concentric circle having a diameter of a length that is 1% to 50% of a diameter of the circular shape.
However, Kumon does teach that the thermally responsive element has a rounded quadrilateral shape in plan view (Fig. 1, thermally responsive element 5); and the border is on a circumference of a concentric circle having a diameter of a length that is 1% to 50% of a diameter of a circumcircle circumscribed around the rounded quadrilateral shape (Fig. 1).
Applicant has not disclosed that the circular shape provides an advantage, is used for a particular purpose, or solves a stated problem other than the well-known and unsurprising function of changing shape in response to a temperature change.
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the rounded quadrilateral shape of Kumon with a circular shape. This is because one of ordinary skill in the art would have expected a circular shape to be one of several straightforward ways of designing a thermally responsive element because the material is the source of the reaction to a temperature change, not the shape.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP 2020095888 A teaches a thermally actuated element in a curved plate shape that deforms according to temperature change.
WO 2020095694 A1 teaches a rectangular plate-like thermally actuated element.
JP 6342663 B2 teaches a thermally responsive breaker that cuts off current flow by deforming with a temperature change.
JP 2016062742 A teaches a thermal protector with a thermally actuated element, a current interruption mechanism of a bimetal.
US 20120077056 A1 teaches a high-temperature bimetal with a high thermal expansion layer and a low thermal expansion layer.
US 6762668 B2 teaches a thermal switch having a thermally responsive bimetallic layer.
US 4517541 A teaches a thermally responsive switch device with a bimetallic plate.
EP 0041823 A1 teaches a thermally responsive electric switch including two bimetallic thermally responsive actuating elements in a nesting, contacting relationship.
US 3961749 A teaches a thermally responsive valve assembly with a bimetallic coil.
US 3755770 A teaches a thermostat comprising a support and a thermally responsive bimetallic member having a peripheral section adjacent the support and a central section adapted for movement with respect to the peripheral section in response to temperature changes of the bimetallic member.
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/JULIA FITZPATRICK/Examiner, Art Unit 2855
/LAURA MARTIN/SPE, Art Unit 2855