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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “locking member holding part” of the fuse element (e.g., claim 24) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
The below claims are objected to because of the following informalities:
Claim 1 Ln.6 and Claim 14 Ln.6: the clause “exposed on outside” should be amended to recite “exposed on an outside” or “exposed outside” for grammatical reasons.
Claim 1 Ln.8 and Claim 14 Ln.8: the clause “exposed on outside” should be amended to recite “exposed on the outside” since line 6 of the claim already provides the antecedent basis for the outside of the insulating case.
Claim 8 Lns.1-3 and Claim 20 Lns.1-3: the clause “wherein the stacking body comprises two or more high melting point metal layers and one or more low melting point metal layers” should be amended to recite “wherein the high melting point metal layer comprises two or more high melting point metal layers and the low melting point metal layer comprises one or more low melting point metal layers” in order to make it clear that the “two or more high melting point metal layers” are in reference to the “high melting point metal layer” of claims 7 and 19, and to make it clear that the “one or more low melting point metal layers” is in reference to the “low melting point metal layer” of claims 7 and 19.
Claim 8 Lns.4-5 and Claim 20 Lns.4-5: the clause “in which the low melting point metal layer is disposed between the high melting point metal layers” should be amended to recite “in which the one or more low melting point metal layers is disposed between the two or more high melting point metal layers” for consistent claim nomenclature.
Claim 12 Ln.3: the clause “at least one case component is integral” should be amended to recite “at least one case component of the at last two case components is integral” for clarification purposes.
Claim 13 Ln.3: the clause “the two case components” should be amended to recite “the at least two case components” for consistent claim nomenclature.
Claim 25 Ln.3: the clause “one case component is integral” should be amended to recite “one case component of the at last two case components is integral” for clarification purposes.
Claim 26 Ln.3: the clause “the two case components” should be amended to recite “the at least two case components” for consistent claim nomenclature.
Claim 27 Ln.5: the clause “a power supply member that carry current” should be amended to recite “a power supply member that carries current” for grammatical reasons.
Claim 27 Ln.7: the clause “when the heat-generating bodies generate heat” should be amended to recite “when the heat-generating body generates heat” for consistent claim nomenclature, and for grammatical reasons.
The Office notes that the above objections are a non-exhaustive list, and thus requests Applicant’s cooperation with reviewing the claims and correcting ALL remaining informalities present in the claims, but not made of record above. Appropriate correction is required.
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Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-11, 14-24, and 27 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11, 18-28, and 31 of copending Application No. 18/687,989 (Referred to as Reference Application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the Reference Application anticipate the claims of the Instant Application. Please see the table below in which bolded limitations indicate the corresponding limitations between the Instant Application and the Reference Application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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Instant Application: 18/687,869
Reference Application: 18/687,979
1) A protective element comprising: a fuse element comprising: a first end portion; and a second end portion at an opposite end of the first end portion; an insulating case that houses the fuse element: a first terminal comprising: a first end connected to the first end portion of the fuse element; and a second end exposed on outside of the insulating case; a second terminal comprising: a first end connected to the second end portion of the fuse element; and a second end exposed on outside of the insulating case; a first insulating member having a first opening or a first separation part, and a second insulating member having a second opening or a second separation part, the first and second insulating members being disposed in a state proximal to or in contact with the fuse element; a shielding member movable in a moving direction that allows the shielding member to insert into the first opening or the first separation part of the first insulating member and the second opening or the second separation part of the second insulating member, so as to divide the fuse element; a pressing member that presses the shielding member in the moving direction; a locking member, optionally fixed to the insulating case with a fixing member, that suppresses movement of the shielding member; a heat-generating body configured to heat and soften the locking member or the fixing member; and a power supply member that carries current to the heat-generating body, wherein the insulating case further houses the first insulating member, the second insulating member, the shielding member, the pressing member-means, the locking member, the heat-generating body, and a part of the power supply member.
1) A protective element comprising: a fuse element comprising: a first end portion; and a second end portion at an opposite end of the first end portion; an insulating case that houses the fuse element; a first terminal comprising: a first end connected to the first end portion of the fuse element; and a second end exposed on outside of the insulating case; a second terminal comprising: a first end connected to the second end portion of the fuse element; and a second end exposed on outside of the insulating case; a first insulating member having a first opening or a first separation part, and a second insulating member having a second opening or a second separation part, the first and second insulating members being disposed in a state proximal to or in contact with the fuse element; a shielding member movable in a moving direction that allows the shielding member to insert into the first opening or the first separation part of the first insulating member and the second opening or the second separation part of the second insulating member, so as to divide the fuse element; a pressing member that presses the shielding member in the moving direction; a locking member, optionally fixed to the insulating case with a fixing member, that suppresses movement of the shielding member; a heat-generating body configured to heat and soften the locking member or the fixing member; and a power supply member that carries current to the heat-generating body, wherein the insulating case further houses the first insulating member, the second insulating member, the shielding member, the pressing member, the locking member, the heat-generating body, and a part of the power supply member, and the fuse element further comprises a cutoff portion for cutting off a current path between the first end portion and the second end portion.
14) A protective element comprising: a fuse element comprising: a first end portion; and a second end portion at an opposite end of the first end portion; an insulating case that houses the fuse element; a first terminal comprising: a first end connected to the first end portion of the fuse element; and a second end exposed on outside of the insulating case; a second terminal comprising: a first end connected to the second end portion of the fuse element; and a second end exposed on outside of the insulating case; a first insulating member having a first opening or a first separation part and disposed in a state proximal to or in contact with the fuse element; a shielding member movable in a moving direction that allows the shielding member to insert into the first opening or the first separation part of the first insulating member, so as to divide the fuse element; a pressing member that presses the shielding member in the moving direction; and a locking member, optionally fixed to the insulating case with a fixing member, that suppresses movement of the shielding member, wherein the insulating case further houses the first insulating member, the shielding member, the pressing member, and the locking member.
18) A protective element comprising: a fuse element comprising: a first end portion; and a second end portion at an opposite end of the first end portion; an insulating case that houses the fuse element; a first terminal comprising: a first end connected to the first end portion of the fuse element; and a second end exposed on outside of the insulating case; a second terminal comprising: a first end connected to the second end portion of the fuse element; and a second end exposed on outside of the insulating case; a first insulating member having a first opening or a first separation part, and disposed in a state proximal to or in contact with the fuse element; a shielding member movable in a moving direction that allows the shielding member to insert into the first opening or the first separation part of the first insulating member, so as to divide the fuse element; a pressing member that presses the shielding member in the moving direction; and a locking member, optionally fixed to the insulating case with a fixing member, that suppresses movement of the shielding member; wherein the insulating case further houses the first insulating member, the shielding member, the pressing member, and the locking member, and the fuse element further comprises a cutoff portion for cutting off a current path between the first end portion and the second end portion.
Claim 2 of the Instant Application is encompassed by Claim 2 of the Reference Application.
Claim 3 of the Instant Application is encompassed by Claim 3 of the Reference Application.
Claim 4 of the Instant Application is encompassed by Claim 4 of the Reference Application.
Claim 5 of the Instant Application is encompassed by Claim 5 of the Reference Application.
Claim 6 of the Instant Application is encompassed by Claim 6 of the Reference Application.
Claim 7 of the Instant Application is encompassed by Claim 7 of the Reference Application.
Claim 8 of the Instant Application is encompassed by Claim 8 of the Reference Application.
Claim 9 of the Instant Application is encompassed by Claim 9 of the Reference Application.
Claim 10 of the Instant Application is encompassed by Claim 10 of the Reference Application.
Claim 11 of the Instant Application is encompassed by Claim 11 of the Reference Application.
Claim 15 of the Instant Application is encompassed by Claim 19 of the Reference Application.
Claim 16 of the Instant Application is encompassed by Claim 20 of the Reference Application.
Claim 17 of the Instant Application is encompassed by Claim 21 of the Reference Application.
Claim 18 of the Instant Application is encompassed by Claim 22 of the Reference Application.
Claim 19 of the Instant Application is encompassed by Claim 23 of the Reference Application.
Claim 20 of the Instant Application is encompassed by Claim 24 of the Reference Application.
Claim 21 of the Instant Application is encompassed by Claim 25 of the Reference Application.
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Claim 22 of the Instant Application is encompassed by Claim 26 of the Reference Application.
Claim 23 of the Instant Application is encompassed by Claim 27 of the Reference Application.
Claim 24 of the Instant Application is encompassed by Claim 28 of the Reference Application.
Claim 27 of the Instant Application is encompassed by Claim 31 of the Reference Application.
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 1-27 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.
Regarding independent claims 1 and 14, both claims are considered to be indefinite because of the limitation “and a locking member, optionally fixed to the insulating case with a fixing member, that suppresses” (emphasis added). The scope is indefinite because it is unclear as to whether or not the “fixing member” is supposed to be included or not included in the final structure. In other words, it cannot be readily understood if the intended scope requires the “fixing member” to be included in the final product. For the reason outlined above, the aforementioned limitations of claims 1 and 14 are believed to be indefinite. For the purposes of examination, the limitation was interpreted as an “or” statement (e.g., “and a locking member or the locking member with a fixing member that fixes the locking member to the insulating case, wherein the locking member suppresses”).
Claims 2-13 and 15-27 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for inheriting the deficiency of respective independent claims 1 and 14 (i.e., claims 2-13 inherit the above deficiency of claim 1, and claims 15-27 inherit the above deficiency of claim 14).
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 1-9, 11-21, 23, and 25-27, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Yoneda (JP 2020145051) (of record, cited in the IDS, including Original Document and Translation) (all paragraph citations are with respect to US 20220084773 (of record, cited in the IDS), since it is the US publication version of the Japanese publication).
Regarding claim 1, Yoneda discloses (Figs.7-8 and 10-11, and [0034]: the embodiment of Figs.10-11 utilize the embodiment shown in Figs.7-8):
A protective element comprising: a fuse element (3) comprising: a first end portion (See Figure Below); and a second end portion (See Figure Below) at an opposite end (See Figure Below) of the first end portion; an insulating case (60) that houses (See Fig.10) the fuse element (3); a first terminal (1) comprising: a first end (See Figure Below) connected to the first end portion of the fuse element (3); and a second end (See Figure Below) exposed on outside of the insulating case (60) (Fig.10: the second end of 1 is exposed on the outside of 60); a second terminal (2) comprising: a first end (See Figure Below) connected to the second end portion of the fuse element (3); and a second end (See Figure Below) exposed on outside of the insulating case (60) (Fig.10: second end of 2 is exposed on the outside of 60); a first insulating member (See Figure Below) having a first opening (See Figure Below) or a first separation part, and a second insulating member (See Figure Below) having a second opening (See Figure Below) or a second separation part, the first and second insulating members being disposed in a state proximal to or in contact with the fuse element (3) (Figs.10-11: in the assembled state, the first and second insulating members will be in contact and thus also proximal to 3); a shielding member (10) movable in a moving direction ([0088]-[0089]: the direction that 10 goes to fit into 20a will define the "moving direction") that allows the shielding member (10) to insert into the first opening or the first separation part of the first insulating member and the second opening or the second separation part of the second insulating member, so as to divide the fuse element (3) (See Figs.7 and 10-11, and [0089]: when actuated, 10 will move in the moving direction to fit into the first opening of the first insulating member and second opening of the second insulating member); a pressing member (30) that presses the shielding member (10) in the moving direction ([0088]-[0089]: the direction that 10 goes to fit into 20a will define the "moving direction") (See Fig.7: 30 presses 10 in the moving direction); a heat-generating body (40); and a power supply member (5) that carries current ([0182]: "a third electrode 5 that supplies current to the heating element 40") to the heat-generating body (40), wherein the insulating case (60) further houses (See Fig.10) the first insulating member, the second insulating member, the shielding member (10), the pressing member (30), the heat-generating body (40), and a part of the power supply member (5) (See Figs.7 and 10: the first insulating member, second insulating member, 10, 30, 40, and a portion of 5 are held within 60).
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However, the relied upon embodiment of Yoneda does not disclose:
A locking member, optionally fixed to the insulating case with a fixing member, that suppresses movement of the shielding member; a heat-generating body configured to heat and soften the locking member or the fixing member; wherein the insulating case further houses the first insulating member, the second insulating member, the shielding member, the pressing member-means, the locking member, the heat-generating body, and a part of the power supply member.
Yoneda however presents another embodiment (referred to as either the “additional embodiment” or “second embodiment”) that teaches (Fig.14):
A locking member (51), optionally fixed to the insulating case with a fixing member, that suppresses movement of the shielding member (10) (Fig.14a and [0199]-[0200]: 51 supports 3, which means that it will support and suppress movement of 10 until 10 is actuated); a heat-generating body (40) configured to heat and soften the locking member (51) or the fixing member ([0199]-[0200]: as 40 heats up 3 to soften 3, 51 will also be heated and soften by 40 due to the properties of heat and due to 51 and 40 being in thermal contact).
It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the additional embodiment taught by Yoneda to modify the primary embodiment of Yoneda such that it has a locking member that suppresses movement of the shielding member and is arranged so that the heat-generating body heats and softens the locking member, and such that it is arranged inside the insulating case so that the insulating case houses the first insulating member, the second insulating member, the shielding member, the pressing member, the locking member, the heat-generating body, and a part of the power supply member, as claimed, in order to better support the fuse element, and thus better ensure that the fuse element deforms and breaks at the tripping temperature as taught by Yoneda ([0193] and [0224]).
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Regarding claim 14, Yoneda discloses (Figs.7-8 and 10-11, and [0034]: the embodiment of Figs.10-11 utilize the embodiment shown in Figs.7-8):
A protective element comprising: a fuse element (3) comprising: a first end portion (See Figure of Claim 1); and a second end portion (See Figure of Claim 1) at an opposite end (See Figure of Claim 1) of the first end portion; an insulating case (60) that houses (See Fig.10) the fuse element (3); a first terminal (1) comprising: a first end (See Figure of Claim 1) connected to the first end portion of the fuse element (3); and a second end (See Figure of Claim 1) exposed on outside of the insulating case (60) (Fig.10: the second end of 1 is exposed on the outside of 60); a second terminal (2) comprising: a first end (See Figure of Claim 1) connected to the second end portion of the fuse element (3); and a second end (See Figure of Claim 1) exposed on outside of the insulating case (60) (Fig.10: second end of 2 is exposed on the outside of 60); a first insulating member (See Figure of Claim 1) having a first opening (See Figure of Claim 1) or a first separation part and disposed in a state proximal to or in contact with the fuse element (3) (Figs.10-11: in the assembled state, the first insulating member will be in contact with and thus also proximal to 3); a shielding member (10) movable in a moving direction ([0088]-[0089]: the direction that 10 goes to fit into 20a will define the "moving direction") that allows the shielding member (10) to insert into the first opening or the first separation part of the first insulating member, so as to divide the fuse element (3) (See Figs.7 and 10-11, and [0089]: when actuated, 10 will move in the moving direction to fit into the first opening of the first insulating member and second opening of the second insulating member); a pressing member (30) that presses the shielding member (10) in the moving direction ([0088]-[0089]: the direction that 10 goes to fit into 20a will define the "moving direction"); wherein the insulating case (60) further houses (See Figs.7 and 10: the first insulating member, 10, and 30 are held within 60) the first insulating member, the shielding member (10), and the pressing member (30).
However, the relied upon embodiment of Yoneda does not disclose:
A locking member, optionally fixed to the insulating case with a fixing member, that suppresses movement of the shielding member, wherein the insulating case further houses the first insulating member, the shielding member, the pressing member, and the locking member.
Yoneda however presents another embodiment (referred to as either the “additional embodiment” or “second embodiment”) that teaches (Fig.14):
A locking member (51), optionally fixed to the insulating case with a fixing member, that suppresses movement of the shielding member (10) (Fig.14a and [0199]-[0200]: 51 supports 3, which means that it will support and suppress movement of 10 until 10 is actuated).
It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the additional embodiment taught by Yoneda to modify the primary embodiment of Yoneda such that it has a locking member that suppresses movement of the shielding member and is arranged in the insulating case so that the insulating case houses the first insulating member, the shielding member, the pressing member, and the locking member, as claimed, in order to better support the fuse element, and thus better ensure that the fuse element deforms and breaks at the tripping temperature as taught by Yoneda ([0193] and [0224]).
Regarding claim 2, the additional embodiment of Yoneda further teaches:
Wherein when the heat-generating body (40) generates heat ([0199]-[0200]: as 40 heats up 3 to soften 3, 51 will also be heated and soften by 40 due to the properties of heat and due to 51 and 40 being in thermal contact) so as to soften the locking member (51) or the fixing member, stress of the pressing member (30) causes the shielding member (10) to cut or release the locking member (51) (Fig.14a and [0199]-[0200]: as 40 heats up and softens 3, the force of 30 will exert a strong enough force for 10 to break through 3 and release the force of 51 by deforming 51), and, the shielding member (10) moves through the first opening (See Figure Below) or the first separation part of the insulating member (20- See Figure Below) to cut the fuse element (3), which cuts off energization of the fuse element (3) (Figs.14a-c and [0099]: when 10 moves through the first opening of the insulating member, 10 will act as a barrier wall between the broken portions of 3 to cut off energization of 3, especially since 10 is made out of an insulating material).
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It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the additional embodiment taught by Yoneda to further modify the device of modified Yoneda such that when the heat-generating body generates heat to soften the locking member, stress of the pressing member causes the shielding member to cut or release the locking member, so that the shielding member moves through the second opening or the second separation part of the second insulating member and the first opening or the first separation part of the first insulating member to cut the fuse element to cut off energization of the fuse element, as claimed, in order to achieve the improved support and breaking accuracy as outlined in claim 1 above.
Regarding claims 3 and 15, Yoneda further discloses:
Wherein when the shielding member (10) cuts the fuse element (3), the shielding member (10) shields the fuse element (3) in a current carrying direction (Fig.7: the flow of current from 1 to 2 will define the "current carrying direction") of the fuse element (3) (Fig.7 and [0182]: after 10 cuts 3, 10a will serve as a shielding wall in the current carrying direction).
Regarding claims 4 and 16, Yoneda further discloses:
Wherein the pressing member (30) is a spring ([0112]).
Regarding claims 5 and 17, Yoneda further discloses:
(Claim 5): Wherein at least one of the first insulating member (See Figure of Claim 1), the second insulating member (See Figure of Claim 1), the shielding member (10), and the insulating case (60) comprises a material having a tracking resistance index CTI of 500 V or more ([0103]: "Among nylon-based resins...enables tracking resistance of 600 V or higher to be achieved"- shielding member is made out of these materials).
(Claim 17) Wherein at least one of the first insulating member (See Figure of Claim 1), the second insulating member (See Figure of Claim 1), the shielding member (10), and the insulating case (60) comprises a material having a tracking resistance index CTI of 500 V or more ([0103]: "Among nylon-based resins...enables tracking resistance of 600 V or higher to be achieved"- shielding member is made out of these materials).
Regarding claims 6 and 18, Yoneda further discloses:
(Claim 6): Wherein at least one of the first insulating member (See Figure of Claim 1), the second insulating member (See Figure of Claim 1), the shielding member (10), and the insulating case (60) comprises at least one resinous material ([0102]- materials of 10) selected from the group consisting of a polyamide-based resin ([0102]: "nylon-based resins"- nylon is a type of polyamide) and a fluorine-based resin ([0102]: "fluororesins").
(Claim 18): Wherein at least one of the first insulating member (See Figure of Claim 1), the shielding member (10), and the insulating case (60) comprises at least one resinous material ([0102]- materials of 10) selected from the group consisting of a polyamide-based resin ([0102]: "nylon-based resins"- nylon is a type of polyamide) and a fluorine-based resin ([0102]: "fluororesins").
Regarding claims 7 and 19, modified Yoneda does not teach:
Wherein the fuse element comprises a stacked body comprising a low melting point metal layer and a high melting point metal layer in at least a portion thereof, the low melting point metal layer comprises tin, and the high melting point metal layer comprises silver or copper.
However, Yoneda presents a third embodiment that teaches (Fig.3d):
Wherein the fuse element (3DD) comprises a stacked body (See Fig.3d) comprising a low melting point metal layer (3Da) and a high melting point metal layer (3Db and 3Dc) in at least a portion thereof, the low melting point metal layer (3Da) comprises tin ([0074]), and the high melting point metal layer (3Db and 3Dc) comprises silver ([0076]) or copper ([0076]).
It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the third embodiment of Yoneda to further modify the device of modified Yoneda such that the fuse element comprises a stacked body that comprises a low melting point metal layer made out of tin and a high melting point metal layer made out of silver or copper, as respectively claimed in claims 7 and 19, in order to optimize the fuse structure as taught by Yoneda ([0069]-[0070]: the fuse structure will provide a fuse element that is rigid enough to support the force imparted by the shielding member, but weak enough for the shielding member to pass and break through the fuse element at the tripping condition even if all of the layers have not reached their respective softening temperatures).
Regarding claims 8 and 20, the third embodiment of Yoneda further teaches:
Wherein the stacked body (See Fig.3d) comprises two or more high melting point metal layers (3Db and 3Dc) and one or more low melting point metal layers (3Da), and has a structure in which the low melting point metal layer (3Da) is disposed between (See Fig.3d) the high melting point metal layers (3Db and 3Dc) in at least a portion thereof.
It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the third embodiment of Yoneda to further modify the device of modified Yoneda such that the stacked body comprises two or more high melting point metal layers and one or more low melting point metals that are placed between the two or more high melting point metal layers, as respectively claimed in claims 8 and 20, in order to achieve the improved fuse element structure as outlined in claims 7 and 19 above.
Regarding claims 9 and 21, modified Yoneda does not teach:
Wherein the fuse element is formed of a single layer comprising silver or copper in at least a portion thereof.
However, Yoneda presents another embodiment (referred to as the fourth embodiment) that teaches (Fig.1):
Wherein the fuse element (3) is formed of a single layer ([0059] and [0061]: "composed of a single member (part)") comprising silver or copper in at least a portion thereof ([0052]: "Specific examples of the material include Pb 85%/Sn and Sn/Ag 3%/Cu 0.5%").
It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the fourth embodiment of Yoneda to further modify the device of modified Yoneda such that the fuse element is formed of a single layer that comprises silver or copper in at least a portion thereof, as respectively claimed in claims 9 and 21, in order to provide a simple fuse element structure (i.e., providing a single layer fuse element is much easier to produce than producing a multi-layer fuse element, and thus saving costs).
Regarding claims 11 and 23, the second embodiment of Yoneda further teaches:
Wherein a part of the locking member (51) is in proximity to or in contact with the fuse element (3) (Fig.14: all of 51, and thus a part of 51, is adjacent/in proximity to 3).
It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the above teaching of the secondary embodiment of Yoneda to further modify modified Yoneda such that a part of the locking member is in proximity to or in contact with the fuse element, as respectively claimed in claims 11 and 23, in order to achieve the improved support and breaking accuracy as outlined in claims 1 and 14 above.
Regarding claims 12 and 25, Yoneda further discloses:
(Claim 12): Wherein the insulating case (60) comprises at least two case components (60A and 60B), and at least one case component (60B) is integral with the first insulating member (See Figure of Claim 1) or with the second insulating member (See Figure of Claim 1) (Fig.10: 60B is integrally formed with the first insulating member and the second insulating member).
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(Claim 25): Wherein the insulating case (60) comprises at least two case components (60A and 60B), one case component (60B) is integral with the first insulating member (See Fig.1) (Fig.10: 60B is integrally formed with the first insulating member).
Regarding claims 13 and 26, Yoneda further discloses:
Wherein the insulating case (60) comprises at least two case components (60A and 60B), and the fuse element (3) is interposed between (See Fig.11) the two case components (60A and 60B).
Regarding claim 27, Yoneda further discloses:
A heat-generating body (40); and a power supply member (5) that carry current ([0182]: "a third electrode 5 that supplies current to the heating element 40") to the heat-generating body (40).
However, the primary embodiment of Yoneda does not disclose:
A heat-generating body configured to heat and soften the locking member or the fixing member; wherein when the heat-generating bodies generate heat so as to soften the locking member or the fixing member, stress of the pressing member causes the shielding member to cut or release the locking member, and, the shielding member moves through the first opening or the first separation part of the first insulating member to cut the fuse element, which cuts off energization of the fuse element.
However, the second embodiment of Yoneda further teaches:
A heat-generating body (40) configured to heat and soften the locking member (51) or the fixing member ([0199]-[0200]: as 40 heats up 3 to soften 3, 51 will also be heated and soften by 40 due to the properties of heat and due to 51 and 40 being in thermal contact); wherein when the heat-generating body (40) generates heat ([0199]-[0200]: as 40 heats up 3 to soften 3, 51 will also be heated and soften by 40 due to the properties of heat and due to 51 and 40 being in thermal contact) so as to soften the locking member (51) or the fixing member, stress of the pressing member (30) causes the shielding member (10) to cut or release the locking member (51) (Fig.14a and [0199]-[0200]: as 40 heats up and softens 3, the force of 30 will exert a strong enough force for 10 to break through 3 and release the force of 51 by deforming 51), and the shielding member (10) moves through the first opening (See Figure of Claim 2) or the first separation part of the insulating member (20- See Figure of Claim 2) to cut the fuse element (3), which cuts off energization of the fuse element (3) (Figs.14a-c and [0099]: when 10 moves through the first opening of the insulating member, 10 will act as a barrier wall between the broken portions of 3 to cut off energization of 3, especially since 10 is made out of an insulating material).
It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the above teaching of the secondary embodiment of Yoneda to further modify the device of modified Yoneda such that the heat-generating body is configured to heat and soften the locking member or the fixing member so that when the heat-generating body generates heat to soften the locking member or the fixing member, stress of the pressing member causes the shielding member to cut or release the locking member so that the shielding member moves through the first opening or the first separation part of the first insulating member to cut the fuse element, which cuts off energization of the fuse element, as claimed, in order to achieve the improved support and breaking accuracy as outlined in claim 14 above.
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Claims 10 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Yoneda (JP 2020145051) (of record, cited in the IDS, including Original Document and Translation) (all paragraph citations are with respect to US 20220084773 (of record, cited in the IDS), since it is the US publication version of the Japanese publication) as applied to claims 1 and 14 above, and further in view of Burge (US 20150294828).
Regarding claims 10 and 22, the primary embodiment of Yoneda does not explicitly disclose:
Wherein the fuse element comprises a fusion portion between the first end portion and the second end portion, and a cross-sectional area of the fusion portion in a current carrying direction from the first end portion to the second end portion of the fuse element is less than a cross-sectional area of each of the first end portion and the second end portion in the current carrying direction.
However, Yoneda presents another embodiment (referred to as the fourth embodiment) that teaches (Fig.1):
Wherein the fuse element (3) comprises a fusion portion (3c) between the first end portion (3a) and the second end portion (3b).
It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the above teaching of the fourth embodiment of Yoneda such that the fuse element comprises a fusion portion that is between the first end portion and the second end portion, as respectively claimed in claims 10 and 22, in order to provide an improved means of breaking the fuse element since providing a fuse portion will provide the fuse with a region that can be easily cut as taught by Yoneda ([0067]).
However, the combination would still fail to teach:
A cross-sectional area of the fusion portion in a current carrying direction from the first end portion to the second end portion of the fuse element is less than a cross-sectional area of each of the first end portion and the second end portion in the current carrying direction.
Burge however teaches (Fig.1):
A cross-sectional area of the fusion portion (32) in a current carrying direction (Fig.1: direction going from 42 to 44 will define the “current carrying direction”) from the first end portion (42) to the second end portion (44) of the fuse element (10) is less than a cross-sectional area of each of the first end portion (42) and the second end portion (44) in the current carrying direction (Fig.1: direction going from 42 to 44 will define the “current carrying direction”) (Fig.1 and [0022]: the cross-sectional area of 32 in the current carrying direction is less than the cross-sectional area of 42 and the cross-sectional area of 44 due to the “high resistance region” 34).
It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the above teaching of Burge to further modify the device of modified Yoneda such that a cross-sectional area of the fusion portion in a current carrying direction from the first end portion to the second end portion of the fuse element is less than a cross-sectional area of each of the first end portion and the second end portion in the current carrying direction, as respectively claimed in claims 10 and 22, in order to further optimize the fuse breaking capabilities since the smaller cross-sectional area of the fusion portion (in relation to the first end portion and second end portion) will better ensure that breaking occurs in the fusion portion, and thus further ensuring that any electrical arc that is formed has to travel the longest possible distance, and thus optimizing the arc dissipating time (i.e., the longer the arc length the easier it is to dissipate the arc) as taught by Burge ([0022]).
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Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Yoneda (JP 2020145051) (of record, cited in the IDS, including Original Document and Translation) (all paragraph citations are with respect to US 20220084773 (of record, cited in the IDS), since it is the US publication version of the Japanese publication) as applied to claim 14 above, and further in view of Mukai (US 20160071680).
Regarding claim 24, Yoneda further discloses:
Wherein the first insulating member (See Figure of Claim 1) is disposed in a state proximal to or in contact with an outer side (outer surface/side of 3) of the fuse element (3) (Fig.10: in the connected state, the first insulating member will be at least proximal to 3).
However, modified Yoneda does not teach:
Wherein the first insulating member which is disposed in a state proximal to or in contact with an outer side of the fuse element comprises a locking member holding part that holds the locking member.
Mukai however teaches (Figs.1A-B):
The fuse element (13) comprises a holding part ([0036]: the solder will define the holding part) that holds the heat-generating body (14-16).
It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the above teaching of Mukai to further modify the device of modified Yoneda such that the heat-generating body (40) of modified Yoneda is secured to the fuse element of modified Yoneda via solder so that the solder defines the “locking member holding part” so that the first insulating member which is disposed in a state proximal to or in contact with an outer side of the fuse element comprises a locking member holding part that holds the locking member (i.e., the solder provided between the fuse element and the heat-generating body will also provide some degree of support for/indirectly support the locking member due to the locking member being supported by the heat-generating body) in order to further optimize the holding means among the fuse element, heat-generating body, and the locking member (i.e., by improving the connection between the fuse element and the heat-generating body, the connection between the fuse element and the locking member will also be improved as a result).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20220285114: teaches a circuit breaker with a punch that breaks through a conductor.
US 10128074: teaches a circuit breaker with a punch that breaks through a conductor.
US 20170236675: teaches a fuse element with weak spots so that the fusion section has a smaller cross-section compared to those of a first and second end of the fuse element.
US 20160240342: teaches a stacked fuse element in which a low melting point metal layer is between high melting point metals.
US 20160013001: teaches a stacked fuse element in which a low melting point metal layer is between high melting point metals.
US 20150348732: teaches a fuse element with weak spots so that the fusion section has a smaller cross-section compared to those of a first and second end of the fuse element.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN S SUL whose telephone number is (571)270-1243. The examiner can normally be reached M-F 8-5 EST.
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/STEPHEN S SUL/Primary Examiner, Art Unit 2835