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 .
Information Disclosure Statement
The information disclosure statement (IDS) filed 08/30/2024 fails to comply 37 CFR 1.98(b)(5), which requires all publications listed in IDS to have publication dates. It is noted that some of the listed NPL documents (i.e., No. 1 and 2) do not have publication dates. Accordingly, said references have been considered and have been crossed through on the IDS form. Applicant is required to provide publication dates for all listed NPL documents in future IDS submissions.
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 1-7 and 12-14, are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by DE 2432901 to Hofsaess (cited in IDS, hereafter “Hofsaess’901”, see English translation of record).
Regarding claims 1-4, and 12, Hofsaess’901 discloses a temperature-dependent switch (Figs. 1 and 2), comprising: a first stationary contact (3); a second stationary contact (3); and a temperature-dependent switching mechanism (2) having a current transfer member (7, 9) and a bimetallic disc temperature-dependent switching element (6) (par. [0014]); wherein the temperature-dependent switching element has an opening (accepting (9)) and is configured to change its shape in a temperature-dependent manner between a geometric low-temperature configuration (Fig. 1) and a geometric high-temperature configuration (Fig. 2), wherein the temperature-dependent switching mechanism is configured to switch by means of the temperature-dependent switching element in a temperature-dependent manner between a closed state (Fig. 1), in which the current transfer member is pressed against the first stationary contact and the second stationary contact in order to establish an electrically conductive connection between the first stationary contact and the second stationary contact via the current transfer member (Fig. 1), and an open state (Fig. 2), in which the current transfer member is held at a distance from the first stationary contact and the second stationary contact in order to interrupt the electrically conductive connection (Fig. 2), wherein the current transfer member comprises a disc or plate-shaped first section (7) which, in the closed state, is pressed against the first stationary contact and the second stationary contact and bears with a top side of the first section against the first stationary contact and the second stationary contact (Fig. 1), wherein the current transfer member comprises a cylindrical second section (9) which projects perpendicularly from the first section and is integrally formed in one piece with the first section, and wherein the second section is passed through the opening of the temperature-dependent switching element (6).
Regarding claim 5, Hofsaess’901 discloses that the temperature dependent switching mechanism (2) further comprises a support ring (10) that extends around the second section (9) and is attached to the second section (Figs. 1 and 2).
Regarding claim 6, Hofsaess’901 discloses that a central inner edge of the temperature-dependent switching element (6) that extends around the opening is arranged between the support ring (10) and the first section (7), (Figs. 1 and 2).
Regarding claim 7, Hofsaess’901 discloses that in the open state, the central inner edge of the temperature-dependent switching element (8) is supported on the support ring (10), (Fig. 2).
Regarding claim 8, Hofsaess’901 discloses that the temperature-dependent switching mechanism (2) further comprises a temperature-independent spring element (8) configured to press the current transfer member (7, 9) against the first stationary contact (3) and the second stationary contact (3) in the closed state (Fig. 1).
Regarding claim 13, Hofsaess’901 discloses that the switch further comprises a housing (1, 4) on which the first stationary contact (3) and the second stationary contact (3) are arranged and in which the temperature dependent switching mechanism (2) is arranged (Figs. 1 and 2).
Regarding claim 14, Hofsaess’901 discloses that the housing (1, 4) comprises a lower part (1) closed by a lid part (4), and wherein the first stationary contact (3) and the second stationary contact (3) are arranged on the lid part (4), (Figs. 1 and 2).
Claim Rejections - 35 USC § 102/103
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.
Claims 1-14, are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over US 10, 861, 662 to Hofsaess (hereafter “Hofsaess’662”).
Regarding claims 1-4, and 12, Hofsaess’662 discloses a temperature-dependent switch (Figs. 1 and 2), comprising: a first stationary contact (19); a second stationary contact (21); and a temperature-dependent switching mechanism (12) having a current transfer member (24, 26) and a bimetallic disc temperature-dependent switching element (28); wherein the temperature-dependent switching element has an opening (35) and is configured to change its shape in a temperature-dependent manner between a geometric low-temperature configuration (Fig. 1) and a geometric high-temperature configuration (Fig. 2), wherein the temperature-dependent switching mechanism is configured to switch by means of the temperature-dependent switching element in a temperature-dependent manner between a closed state (Fig. 1), in which the current transfer member is pressed against the first stationary contact and the second stationary contact in order to establish an electrically conductive connection between the first stationary contact and the second stationary contact via the current transfer member (Fig. 1), and an open state (Fig. 2), in which the current transfer member is held at a distance from the first stationary contact and the second stationary contact in order to interrupt the electrically conductive connection (Fig. 2), wherein the current transfer member comprises a disc or plate-shaped first section (24) which, in the closed state, is pressed against the first stationary contact and the second stationary contact and bears with a top side of the first section against the first stationary contact and the second stationary contact (Fig. 1), wherein the current transfer member comprises a cylindrical second section (26) which projects perpendicularly from the first section and is integrally formed in one piece1 with the first section, and wherein the second section (26) is passed through the opening (35) of the temperature-dependent switching element (28).
Alternatively, it would have been obvious to a person of the ordinary skill in thermal switch art before the effective filing date of the claimed invention to have integrally formed in one piece the first and second sections of the current transfer member of Hofsaess’662, in order to predicably reduce number of components, thus reducing production costs, and in order to eliminate an opening in the current transfer member, thus enhancing its structural integrity and current carrying capabilities, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. See Howard v. Detroit Stove Works, 150 U.S. 164 (1893); In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965); and Schenck v. Nortron Corp., 713 F.2d 782, 218 USPQ 698 (Fed. Cir. 1983). Also, 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).
Regarding claim 5, Hofsaess’662 discloses that the temperature dependent switching mechanism (12) further comprises a support ring (bottom section of (26)) that extends around the second section and is attached to the second section (Figs. 1 and 2).
Regarding claim 6, Hofsaess’662 discloses that a central inner edge (35) of the temperature-dependent switching element (28) that extends around the opening is arranged between the support ring and the first section (24), (Figs. 1 and 2).
Regarding claim 7, Hofsaess’662 discloses that in the open state, the central inner edge (35) of the temperature-dependent switching element (28) is supported on the support ring (at (34)), (Fig. 2).
Regarding claim 8, Hofsaess’662 discloses that the temperature-dependent switching mechanism (12) further comprises a temperature-independent spring element (27) configured to press the current transfer member (24, 26) against the first stationary contact (19) and the second stationary contact (21) in the closed state (Fig. 1).
Regarding claim 9, Hofsaess’662 discloses that the temperature-independent spring element (27) comprises a second opening (32), and wherein the second section (26) is passed through the second opening (Figs. 1 and 2).
Regarding claim 10, Hofsaess’662 discloses that the temperature dependent switching mechanism (12) further comprises a support ring (the bottom portion of (26)) extending around the second section and being attached to the second section, and wherein a central inner edge (32) of the temperature-independent spring element (27) extending around the second opening is arranged between the support ring (at (33)) and the first section (24), (Figs. 1 and 2).
Regarding claim 11, Hofsaess’662 discloses that the temperature-independent spring element (27) comprises a snap-action disc (col. 10, l. 40; col. 15, ll. 8-9; claim 2).
Regarding claim 13, Hofsaess’662 discloses that the switch further comprises a housing (14, 15) on which the first stationary contact (19) and the second stationary contact (21) are arranged and in which the temperature dependent switching mechanism (12) is arranged (Figs. 1 and 2).
Regarding claim 14, Hofsaess’662 discloses that the housing (14, 15) comprises a lower part (14) closed by a lid part (15), and wherein the first stationary contact (19) and the second stationary contact (21) are arranged on the lid part (15), (Figs. 1 and 2).
Conclusion
The additional prior art made of record and not relied upon is considered pertinent to applicant's disclosure because of the teachings of various thermally actuated electrical switches with bimetallic snap discs and snap springs. Furter, the Office directs the Applicant’s attention to the fact that numerous references of record could have been used for statutory rejection of the at least independent claim 1, e.g., see US 6249211 (Fig. 1), US 5973587 (Figs. 1 and 2), US 10861662 (Figs. 1 and 2), etc.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anatoly Vortman whose telephone number is (571)272-2047. The examiner can normally be reached Monday-Thursday, between 10 am and 8:30 pm.
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/Anatoly Vortman/
Primary Examiner
Art Unit 2835
1 The Office directs the Applicant’s attention to the fact that it has been held that the term “integral” is “sufficiently broad to embrace constructions united by such means as fastening and welding”. See In re Hotte, 177 USPQ 326, 328 (CCPA 1973); see also Board' s decision Henderson v. Grable, 339 F.2d 465, 52 C.C.P.A. 920 (1964).
Accordingly, since members (24) and (26) are “fastened” to each other, they can be considered “integrally formed”, as claimed.