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 .
DETAILED ACTION
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, 3, 5, 7-9, 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sadamori et al. US 20200048785 A1.
In reference to claim 1, Sadamori teaches an electrical contact (see [0001], lines 4-7 which mentions examples of contact and terminal parts) material comprising: an electroconductive substrate ([0016], lines 3-4 mention a base material. This is seen as an electroconductive substrate); and a silver-containing layer (see [0016], line 3) including silver provided to at least part of a surface of the electroconductive substrate ([0016], lines 1-4), wherein an average KAM value of the silver-containing layer is 0.20° or more and 2.00°or less in a cross section of the electrical contact material (see TABLE 3-2, where on the first row, fourth column the value is .217 degrees).
In reference to claim 3, Sadamori teaches wherein the silver-containing layer is a pure silver layer (see TABLE 5, Ex. 1, where under the fourth column shows the Purity of Ag is 99.9 or more. This is seen as encompassing pure silver).
In reference to claim 5, Sadamori teaches further comprising an intermediate layer consisting of nickel (see Sadamori claim 6) or nickel alloy between the electroconductive substrate and the silver-containing layer.
In reference to claim 7, Sadamori teaches a contact made using the electrical contact material according to claim 1 (see [0001], lines 4-7 which mentions examples of contact and terminal parts. This is seen to be broad enough to encompass the claimed “a contact”).
In reference to claim 8, Sadamori teaches a terminal made using the electrical contact material according to claim 1 (see [0001], lines 4-7 which mentions examples of contact and terminal parts. This is seen to be broad enough to encompass the claimed “a terminal ”).
In reference to claim 9, Sadamori teaches a connector made using the electrical contact material according to claim 1 (see [0001], lines 4-7 which mentions examples of contact and terminal parts. This is seen to be broad enough to encompass the claimed “a connector made using the electrical contact material ”).
In reference to claim 17, Sadamori teaches further comprising an intermediate layer consisting of nickel (see Sadamori claim 6) or nickel alloy between the electroconductive substrate and the silver-containing layer.
In reference to claim 18, Sadamori teaches a contact made using the electrical contact material according to claim 1 (see [0001], lines 4-7 which mentions examples of contact and terminal parts. This is seen to be broad enough to encompass the claimed “a contact”).
In reference to claim 19, Sadamori teaches a terminal made using the electrical contact material according to claim 1 (see [0001], lines 4-7 which mentions examples of contact and terminal parts. This is seen to be broad enough to encompass the claimed “a terminal ”).
In reference to claim 20, Sadamori teaches a connector made using the electrical contact material according to claim 1 (see [0001], lines 4-7 which mentions examples of contact and terminal parts. This is seen to be broad enough to encompass the claimed “a connector made using the electrical contact material ”).
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.
Claims 2, 4, 6, 10, 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Sadamori et al. US 20200048785 A1.
In reference to claim 2, Sadamori substantially teaches the claimed invention.
However Sadamori does not teach wherein a proportion of KAM value of 1.00° or more in the silver-containing layer is 20% or more in the cross section of the electrical contact material.
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. Sadamori’s product is formed by electroplating a copper or copper alloy base material (see Sadamori Claim 5). Because Sadamori involves electroplating, the surface roughness of the base material can affect the KAM value. Therefore, through experimentation, choosing a base material that will produce a KAM value of 1.00° or more in the silver-containing layer 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 change the material of the base material. The silver-containing layer will still form on the base material , therefore new results are not produced.
In reference to claim 4, Sadamori substantially teaches the claimed invention.
However Sadamori does not teach wherein an average thickness of the silver-containing layer is 0.5 µm or more and 5.0 µm or less.
It would have been an obvious matter of changing the size of the thickness of the silver-containing layer to be 0.5 µm or more and 5.0 µm or less, 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. Changing the thickness of the silver-containing layer to arrive at the results of claim 4 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 change the thickness of the silver-containing layer to arrive at the results of claim 4 is seen as an obvious modification. Silver is still formed as a layer on the product, therefore new results are not produced.
In reference to claim 6, Sadamori substantially teaches the claimed invention.
However Sadamori does not teach wherein an average thickness of the intermediate layer is 0.01 µm or more and 3.00 µm or less.
It would have been an obvious matter of changing the size of the average thickness of the intermediate layer is 0.01 µm or more and 3.00 µm or less, 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. Changing the average thickness of the intermediate layer 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 change the average thickness of the intermediate layer to arrive at the results of claim 6 is seen as an obvious modification. The intermediate layer is still formed between the base material and the silver-containing layer on the product, therefore new results are not produced.
In reference to claim 10, Sadamori teaches wherein the silver-containing layer is a pure silver layer (see TABLE 5, Ex. 1, where under the fourth column shows the Purity of Ag is 99.9 or more. This is seen as encompassing pure silver).
In reference to claim 11, Sadamori substantially teaches the claimed invention.
However Sadamori does not teach wherein an average thickness of the silver-containing layer is 0.5 µm or more and 5.0 µm or less.
It would have been an obvious matter of changing the size of the thickness of the silver-containing layer to be 0.5 µm or more and 5.0 µm or less, 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. Changing the thickness of the silver-containing layer to arrive at the results of claim 11 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 change the thickness of the silver-containing layer to arrive at the results of claim 11 is seen as an obvious modification. Silver is still formed as a layer on the product, therefore new results are not produced.
In reference to claim 12, Sadamori teaches further comprising an intermediate layer consisting of nickel (see Sadamori claim 6) or nickel alloy between the electroconductive substrate and the silver-containing layer.
In reference to claim 13, Sadamori teaches a contact made using the electrical contact material according to claim 1 (see [0001], lines 4-7 which mentions examples of contact and terminal parts. This is seen to be broad enough to encompass the claimed “a contact”).
In reference to claim 14, Sadamori teaches a terminal made using the electrical contact material according to claim 1 (see [0001], lines 4-7 which mentions examples of contact and terminal parts. This is seen to be broad enough to encompass the claimed “a terminal ”).
In reference to claim 15, Sadamori teaches a connector made using the electrical contact material according to claim 1 (see [0001], lines 4-7 which mentions examples of contact and terminal parts. This is seen to be broad enough to encompass the claimed “a connector made using the electrical contact material ”).
In reference to claim 16, Sadamori substantially teaches the claimed invention.
However Sadamori does not teach wherein an average thickness of the silver-containing layer is 0.5 µm or more and 5.0 µm or less.
It would have been an obvious matter of changing the size of the thickness of the silver-containing layer to be 0.5 µm or more and 5.0 µm or less, 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. Changing the thickness of the silver-containing layer to arrive at the results of claim 16 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 change the thickness of the silver-containing layer to arrive at the results of claim 16 is seen as an obvious modification. Silver is still formed as a layer on the product, therefore new results are not produced.
Conclusion
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 06/03/2026