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 filed (IDS) filed on 11/05/2024 fails to comply with 37 CFR 1.98(a)(3)(ii), which requires a copy of the written English-language translation of a non-English-language document. There is no written English-language translation of the Non-Patent Literature (NPL) document listed in the aforementioned IDS (i.e., “Search Report issued by the European Patent Office for application 24163349.4 on August 6, 2024”). Therefore, said NPL document has not been considered and has been crossed through on the IDS form.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation “a fourth electrically insulating casing part”. However, the “third electrically insulative casing part” has never been previously positively set forth neither in said claim 4, nor in the parent claim 1.
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.
Claims 1-4, 7-11, and 14, are rejected under 35 U.S.C. 103 as being unpatentable over DE 202009000443 to ELETTROTEC SRL (hereafter “Electrotec”, cited in IDS) taken alone.
Regarding claims 1 and 9, Electrotec discloses (Figs. 1-6 and the English translation of record; all textual references are made with respect to the English translation of record) a casing (1, 2, 10) for a temperature-dependent switch ((3); Abstract) that is configured to switch in a temperature-dependent manner between a closed state, in which the switch establishes an electrically conductive connection between a first external terminal (23) and a second external terminal (23), and an open state, in which the switch disconnects the electrically conductive connection, wherein the casing comprises: a first metal pot-shaped casing part (2) (see “brass” on p. 2); a second ring-shaped casing part (1) which is fixed to the first metal casing part via a hermetically sealing connection comprising an electrically insulating connection material (6); a receptacle for receiving, in a hermetically sealed manner, the temperature-dependent switch (3), wherein the receptacle is at least partially surrounded by the first metal casing part (2) and the second metal casing part (1); a first connection lead (701) which is led through the electrically insulating connection material (6) and comprises a first connection surface (75) arranged in the receptacle for electrical connection to the first external terminal (23) of the temperature-dependent switch (3); and a second connection lead (702) which is led through the electrically insulating connection material (6) and comprises a second connection surface (75) arranged in the receptacle for electrical connection to the second external terminal (23) of the temperature-dependent switch (3).
Regarding claim 10, Electrotec discloses (Figs. 1-6 and the English translation of record; all textual references are made with respect to the English translation of record) a sealed switching device, comprising: a casing (1, 2, 10); and a temperature-dependent switch ((3); Abstract) that is configured to switch in a temperature-dependent manner between a closed state, in which the switch establishes an electrically conductive connection between a first external terminal (23) and a second external terminal (23), and an open state, in which the switch (3) disconnects the electrically conductive connection; the casing having: a first metal casing part ((2), see “brass” on p. 2); a second casing part (1) fixed to the first metal casing part via a hermetically sealing connection comprising an electrically insulating connection material (6); a receptacle which is at least partially surrounded by the first metal casing part and the second metal casing part; a first connection lead (701) which is led through the electrically insulating connection material (6) and comprises a first connection surface (75) arranged in the receptacle; and a second connection lead (702) which is led through the electrically insulating connection material (6) and comprises a second connection surface (75) arranged in the receptacle; wherein the temperature-dependent switch (3) is fixed in the receptacle of the casing (1, 2, 10) in a hermetically sealed manner (Fig. 2), wherein the first external terminal (23) of the temperature-dependent switch (3) is electrically connected to the first connection surface (75), and wherein the second external terminal (23) of the temperature-dependent switch (3) is electrically connected to the second connection surface (75).
Regarding claims 1 and 10, Electrotec does not explicitly disclose that the second casing part (1) is also made of metal.
Since metals have been notoriously known in related arts before the effective filing date of the claimed invention as good materials (e.g., due to their good thermal conduction, mechanical rigidity, etc.) for making components (e.g., housings, enclosures, etc.) of thermal switches, it would have been obvious to a person of the ordinary skill in related arts before the effective filing date of the claimed invention to have constructed said first housing part of Electrotec from metal as claimed, in order to predictably achieve excellent thermal conduction of the housing and subsequently enhanced thermal response of the switch, and also in order to achieve good structural rigidity of the switch, since it has been held to be within 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. See In re Leshin, 125 USPQ 416.
Regarding claim 2, Electrotec does not disclose that the electrically insulating connection material comprises glass.
Since glass has been notoriously known in related arts before the effective filing date of the claimed invention as good electrical insulator and thermal conductor, it would have been obvious to a person of the ordinary skill in related arts before the effective filing date of the claimed invention to have selected glass as the electrically insulating connection material in Electrotec, in order to predictably achieve excellent electrical insulation while preserving good thermal conduction within the switch and its optimal thermal response, since it has been held to be within 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. See In re Leshin, 125 USPQ 416.
Regarding claim 3, Electrotec discloses (Fig. 2) a third electrically insulating casing part (10) arranged between the first metal casing part (2) and the first connection lead (701).
Regarding claim 7, Electrotec discloses (Fig. 2) that the second metal casing part (1) surrounds the first metal casing part (2), but does not disclose that the first metal casing part surrounds the second metal casing part.
However, it would have been obvious to a person of the ordinary skill in related arts before the effective filing date of the claimed invention to have reversed the aforementioned interconnection of the first and second housing parts in Electrotec as an obvious design choice, so the first metal casing part surrounds the second metal casing part as claimed, since it appears that the invention would have performed equally well with such a design. Also, it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. See In re Einstein, 8 USPQ 167; In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955).
Regarding claim 4, as best understood, Electrotec discloses (Fig. 2) a fourth electrically insulating casing part (10) arranged between the second metal casing part (1) and the first connection lead (701).
Regarding claim 8, Electrotec discloses that the first connection surface (75) and the second connection surface (75) lie in a common connection plane (i.e., on a surface of (10), Fig. 6).
Regarding claim 11, Electrotec discloses that the temperature-dependent switch (3) comprises a temperature-dependent switching mechanism (inherently present, see “bimetallic” in the Abstract and throughout the specification) and a switch housing (Figs. 2, 3), in which the temperature-dependent switching mechanism is arranged, wherein the first external terminal (23) and the second external terminal (23) are arranged on the switch housing (Figs. 2, 3).
Regarding claim 14, Electrotec discloses that the switch housing is connected to the second metal casing part (1) in a material-locking manner (i.e., via (2) and (6), Fig. 2).
Claim 12, is rejected under 35 U.S.C. 103 as being unpatentable over Electrotec in view of US 6, 249, 211 to Hofsaess (cited in IDS).
Regarding claim 12, Electrotec does not disclose that the switch housing comprises an electrically conductive lower part and an electrically insulating cover part which closes the electrically conductive lower part, wherein the first external terminal and the second external terminal are arranged at the electrically insulating cover part.
However the aforementioned design was a known and widely used one in related arts before the effective filing date of the claimed invention as evidenced by Hofsaess, which teaches: the switch housing (14, 15) comprising: an electrically conductive lower part (14) and an electrically insulating cover (15) part which closes the electrically conductive lower part (col. 1, ll. 23-25), wherein the first external terminal (35) and the second external terminal (36) are arranged at the electrically insulating cover part (15).
It would have been obvious to a person of the ordinary skill in related arts before the effective filing date of the claimed invention to have implemented the switch housing of Electrotec according to the teachings of Hofsaess as an obvious design choice, so the switch housing of Electrotec would comprise an electrically conductive lower part and an electrically insulating cover part which closes the electrically conductive lower part, wherein the first external terminal and the second external terminal are arranged at the electrically insulating cover part, since it appears that the invention would have performed at least equally well with such a design. 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).
Allowable Subject Matter
Claims 5, 6, 13, and 15 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:
Regarding claim 5, the limitations of claim 5 (“a third electrically insulating casing part arranged between the first metal casing part and the first connection lead, and a fourth electrically insulating casing part arranged between the second metal casing part and the first connection lead, wherein the electrically insulating connection material connects the first metal casing part, the second metal casing part, the third electrically insulating casing part and the fourth electrically insulating casing part to one another”) in combination with all of the imitations of the parent claim 1, are believed to render the combined subject matter allowable over the prior art of record, taken alone or in combination.
Regarding claim 6, the limitations of claim 6 (“a third electrically insulating casing part arranged between the first metal casing part and the first connection lead, and a fourth electrically insulating casing part arranged between the second metal casing part and the first connection lead, wherein the third electrically insulating casing part contacts a first side of the first connection lead, and wherein the fourth electrically insulating casing part contacts a second side of the first connection lead opposite the first side”) in combination with all of the imitations of the parent claim 1, are believed to render the combined subject matter allowable over the prior art of record, taken alone or in combination.
Regarding claim 13, the limitations of claim 13 (“the casing further comprises a fourth electrically insulating casing part, wherein the fourth electrically insulating casing part is arranged annularly around the switch housing and electrically insulates the first connection lead from the electrically conductive lower part”) in combination with all of the imitations of the parent claims 10, 11, and 12, are believed to render the combined subject matter allowable over the prior art of record, taken alone or in combination.
Regarding claim 15, the limitations of claim 15 (“the casing further comprises a fifth metal casing part, which closes the second metal casing part at least on one side and is fixed to the second metal casing part in a material-locking manner”) in combination with all of the imitations of the parent claim 10, are believed to render the combined subject matter allowable over the prior art of record, taken alone or in combination.
Conclusion
The remaining references made of record teach various thermally actuated electrical switches with casings and enclosures. Furter, the US 4,626,821 could have been also used for statutory rejection of the at least independent claims (see Fig. 1 for claimed casing parts (11, 26, 37, 40)).
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