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 § 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.
Claims 1-5 are 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 1 recites the limitation "the outside" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oh et al (US 5,229,739).
Oh discloses a high current terminal 20A for electronic circuit protection, comprising: (claim 1) a first sectional terminal 26 into which a current flows from the outside; a second sectional terminal 26’ transmitting a current flowing inside through the first terminal 26 to the outside; and an element 27 coupled between the first sectional terminal 26 and the second sectional terminal 26', wherein the element 27 disconnects the first sectional terminal 26 and the second sectional terminal 26’ by melting when a current exceeding a preset condition flows inside through the first sectional terminal 26, and is formed to have a thickness that is less than thicknesses of the first sectional terminal 26 and the second sectional terminal 26’;
(claim 2) wherein a preset pattern is formed on a surface of the element, and the pattern is a double line trimming pattern with a circular hole pattern.
Claim(s) 1-2 and 4-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kondo et al (US 5,668,522).
Kondo discloses a high current terminal 2 for electronic circuit protection, comprising: (claim 1) a first sectional terminal 3 (left side) into which a current flows from the outside; a second sectional terminal 3 (right side) transmitting a current flowing inside through the first terminal 3 to the outside; and an element 11, 12, 30 coupled between the first sectional terminal 3 and the second sectional terminal 3, wherein the element 11, 12, 30 disconnects the first sectional terminal 3 and the second sectional terminal 3 by melting when a current exceeding a preset condition flows inside through the first sectional terminal 3, and is formed to have a thickness that is less than thicknesses of the first sectional terminal 3 and the second sectional terminal 3;
(claim 2) wherein a preset pattern is formed on a surface of the element, and the pattern is any one of a line trimming pattern (see Figs. 2-3), a double line trimming pattern (see Fig. 7), and a multiple curve pattern (see Fig. 6);
(claim 4) wherein the element 11, 12, 30 includes: a first metal layer 11 provided to have a preset thickness; and a second metal layer 30 provided on a top of the first metal layer 11 and made of a different material from the first metal layer 11; and
(claim 5) wherein the second metal layer 30 is formed on the top of the first metal layer 11 through metal melting and pouring, reduces disconnection time between the first sectional 3 terminal and the second sectional terminal 3 when a melting point of the second metal layer 30 is lower than a melting point of the first metal layer 11, and delays the disconnection time between the first sectional terminal 3 and the second sectional terminal 3 when the melting point of the second metal layer 30is higher than the melting point of the first metal layer 11 (see column 5, lines 47-67 and column 6, lines 1-17).
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al (US 5,293,147) or Kondo et al (US 5,668,522).
Claim 3 recites that the element is coupled between the first sectional terminal and the second sectional terminal through any one manner of E-beam welding, hot-rolling bonding, cold-rolling bonding, and laser welding.
However, Oh or Kondo does not disclose or teach the limitation of claim 3 because the element 27 is integrally formed between the first sectional terminal 26 and the second sectional terminal 26’.
On the other hand, the different welding methods and the different bonding methods recited in claim 3 are well-known and whether the element is integrally or separately formed between the first sectional terminal 26 and the second sectional terminal, the function of the element will remain the same.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the high current terminal taught by Oh or Kondo such that it would have the element being coupled between the first sectional terminal and the second sectional terminal through various bonding and welding methods as taught by the instant invention because whether the element is integrally or separately formed between the first sectional terminal and the second sectional terminal, the function of the element will remain the same. It has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAE MOON HYEON whose telephone number is (571) 272-2093. The examiner can normally be reached Monday-Friday, 9:30 am - 6:00 pm.
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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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/hmh/
/Hae Moon Hyeon/Primary Examiner, Art Unit 2831
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