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 portion” (e.g., claim 28) 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 18 Ln.6: the clause “exposed on outside of the insulating case” should be amended to recite “exposed on an outside of the insulating case” for grammatical reasons.
Claim 1 Ln.8 and Claim 18 Ln.8: the clause “exposed on outside of the insulating case” should be amended to recite “exposed on the outside of the insulating case” in light of the objection made to line 6 and for antecedent reasons.
Claim 8 Lns.1-3 and Claim 24 Lns.2-3: the clause “the stacked body comprises two or more high melting point metal layers, one or more low melting point metal layers” should be amended to recite “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” for clarity purposes (i.e., make it clear that the “two or more high melting point metal layers” and the “one or more low melting point metal layers” of claim 8 are in reference to the high melting point metal layer and the low melting point metal layer of claim 7).
Claim 8 Lns.4-5 and Claim 24 Lns.4-5: the clause “a structure in which the one or more low melting point metal layer is disposed between the two or more high melting point metal layers” for consistent claim nomenclature.
Claim 12 Ln.3: the clause “comprising a low melting point metal layer” should be amended to recite “comprising the low melting point metal layer” since line 2 of the claim provides the antecedent basis for the limitation.
Claim 16 Lns.2-3 and Claim 34 Lns.2-3: the clause “comprising a plurality of the fuse elements and a plurality of the first insulating members” such that it recites “comprising a plurality of fuse elements and a plurality of first insulating members” (i.e., delete the word “the”) to make it clear that the plurality of fuse elements and the plurality of first insulating members of claim 16 are different from the fuse element and first insulating member of claim 1.
Claim 16 Ln.5 and Claim 34 Ln.5: the clause “between the first insulating members” should be amended to recite “between the plurality of first insulating members” for consistent claim nomenclature.
Claim 17 Ln.3 and Claim 35 Ln.3: the clause “one of the first insulating members” should be amended to recite “one of the plurality of first insulating members” for consistent claim nomenclature.
Claim 29 Ln.3: the clause “body comprising a low melting point metal layer” should be amended to recite “body comprising the low melting point metal layer” since line 2 provides the antecedent basis for the limitation.
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, 14-15, 18-28, and 31-32 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12, 14-25, and 27 of copending Application No. 18/687,869 (referred to as Reference Application) in view of Yoneda (JP 2020145051) (of record, cited in the IDS, including Original Document and Translation)1. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are rejected as being unpatentable over the claims of the Reference Application in view of Yoneda. 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.
Instant Application: 18/687,979
Reference Application: 18/687,869
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].
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.
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].
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.
However, regarding claims 1 and 18, the claims of the Reference Application do not claim the bracketed limitations of claims 1 and 18, as bracketed above.
Yoneda however teaches (Fig.1):
The fuse element (3) further comprises a cutoff portion (3c) for cutting off a current path (Figs.7 and 10: the pathway from 3a to 3b) between the first end portion (3a) and the second end portion (3b) (See Fig.7 and [0066]-[0067]: 3c is the breaking part of 3, and thus used to cut off the current path between 3a and 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 Yoneda to modify the claimed device of the Reference Application such that the fuse element comprises a cutoff portion for cutting off a current path between the first end portion and the second end portion, as respectively claimed in claims 1 and 18, in order to provide an improved means of breaking the fuse element since providing a cutoff portion will provide the fuse with a region that can be easily cut as taught by Yoneda ([0067]).
Claim 2 of the Instant Application (as modified by Yoneda) is encompassed by Claim 2 of the Reference Application.
Claim 3 of the Instant Application (as modified by Yoneda) 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.
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Claims 14-15 of the Instant Application is encompassed by Claim 12 of the Reference Application.
Claim 19 (as modified by Yoneda) of the Instant Application is encompassed by Claim 15 of the Reference Application.
Claim 20 of the Instant Application is encompassed by Claim 16 of the Reference Application.
Claim 21 of the Instant Application is encompassed by Claim 17 of the Reference Application.
Claim 22 of the Instant Application is encompassed by Claim 18 of the Reference Application.
Claim 23 of the Instant Application is encompassed by Claim 19 of the Reference Application.
Claim 24 of the Instant Application is encompassed by Claim 20 of the Reference Application.
Claim 25 of the Instant Application is encompassed by Claim 21 of the Reference Application.
Claim 26 of the Instant Application is encompassed by Claim 22 of the Reference Application.
Claim 27 of the Instant Application is encompassed by Claim 23 of the Reference Application.
Claim 28 of the Instant Application is encompassed by Claim 24 of the Reference Application.
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Claim 31 of the Instant Application is encompassed by Claim 27 of the Reference Application.
Claim 32 of the Instant Application is encompassed by Claim 25 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 1-32 and 34-35 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 18, the claims are considered to be indefinite because of the limitation “a locking member, optionally fixed to the insulating case with a fixing member, that suppresses movement” (emphasis added). The scope of the limitation is indefinite because it is unclear as to whether or not the “fixing member” is supposed to be included or not in the final structure of the claimed invention. 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 reasons outlined above, the aforementioned limitations of independent claims 1 and 18 are believed to be indefinite. For the purposes of examination, the clause was interpreted with an “or” statement in order to provide a definite claim scope (i.e., interpret the limitation “a locking member, optionally fixed to the insulating case with a fixing member, that suppresses movement” as “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 movement”).
Claims 2-17, 19-32, and 34-35 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for inheriting the above deficiency of their respective base claims.
Regarding claims 10 and 26, the claims are believed to be indefinite because it is believed that the “fusion portion” of claims 10 and 26 is the same thing as the “cutoff portion” of the fuse element as respectively recited in claims 1 and 18. Referring to figures 4 and 16 of Applicant’s figures and paragraphs [0130] and [0296] of Applicant’s specification (refer to the US PG-Pub version of Applicant’s specification), the “fusion portion” of claims 10 and 26 appears to be the same exact thing as the “cutoff portion” of claims 1 and 18. In other words, it appears as though the claims are attempting to claim the same exact thing, but calling it by different names. For the reasons outlined above, claims 10 and 26 are believed to be indefinite. For the purposes of examination, the “fusion portion” of claims 10 and 26 was interpreted to be the “through hole” (54) depicted in figure 4 of Applicant’s figures, since based on paragraphs [0295]-[0296] of Applicant’s specification, it is believed that the through holes of figure 4 can also be utilized in fuse shown in figure 16 of Applicant’s figures.
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, 11-12, 14-15, 18-25, 27-29, and 31-32, 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)2.
Regarding claim 1, Yoneda discloses (Figs.1, 7-8 and 10-11, [0034], and [0164]: the embodiment of Figs.10-11 utilize the embodiment of Fig.7, and Fig.7 utilizes the same features shown in Fig.1, and thus features of Fig.1 are also in Fig.7):
A protective element comprising: a fuse element (3) comprising: a first end portion (3a); and a second end portion (3b) at an opposite end (See Fig.7) of the first end portion (3a); 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 (3a) of the fuse element (3); and a second end (See Figure Below) exposed on outside of the insulating case (60) (See Fig.10: the second end of 1 is outside of 60, and thus exposed outside of 60); a second terminal (2) comprising: a first end (See Figure Below) connected to the second end portion (3b) of the fuse element (3); and a second end (See Figure Below) exposed on outside of the insulating case (60) (Fig.10: second of 2 is exposed 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, with 3); a shielding member (10) movable in a moving direction ([0088]-[0089]: the direction 10 moves 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) (Figs.7 and 10-11, and [0089]: when 10 is actuated, it will move in the moving direction to fit into the first opening of the first insulating member and the second opening of the second insulating member to break and divide 3); a pressing member (30) that presses the shielding member (10) in the moving direction ([0088]-[0089]: the direction 10 moves to fit into 20a will define the "moving direction") (Fig.7: 30 is what pushes 10 in the moving direction); a heat-generating member (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 housed inside 60), and the fuse element (3) further comprises a cutoff portion (3c) for cutting off a current path (Figs.7 and 10: the pathway from 3a to 3b) between the first end portion (3a) and the second end portion (3b) (See Fig.7 and [0066]-[0067]: 3c is the breaking part of 3, and thus used to cut off the current path between 3a and 3b).
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However, the above embodiment fails to 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, the locking member, the heat-generating body, and a part of the power supply member.
Yoneda however presents a 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 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 secondary embodiment of Yoneda to modify the primary embodiment of Yoneda such that it has a locking member that suppresses movement of the shielding member in such a way that the heat-generating body is configured to heat and soften the locking member, and to arrange the locking member in 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]).
Regarding claim 18, Yoneda discloses (Figs.1, 7-8 and 10-11, [0034], and [0164]: the embodiment of Figs.10-11 utilize the embodiment of Fig.7, and Fig.7 utilizes the same features shown in Fig.1, and thus features of Fig.1 are also in Fig.7):
A protective element comprising: a fuse element (3) comprising: a first end portion (3a); and a second end portion (3b) at an opposite end (See Fig.7) of the first end portion (3a); 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 (3a) of the fuse element (3); and a second end (See Figure of Claim 1) exposed on outside of the insulating case (60) (See Fig.10: the second end of 1 is outside of 60, and thus exposed outside of 60); a second terminal (2) comprising: a first end (See Figure of Claim 1) connected to the second end portion (3b) 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 of 2 is exposed outside of 60); a first insulating member (20) having a first opening (20a) or a first separation part, and disposed in a state proximal to or in contact with the fuse element (3) (Figs.7 and 10-11: 20 is disposed proximal and at least indirectly in contact with 3); a shielding member (10) movable in a moving direction ([0088]-[0089]: the direction 10 moves to fit into 20a will define the "moving direction") that allows the shielding member (10) to insert into the first opening (20a) or the first separation part of the first insulating member (20), so as to divide the fuse element (3) (Figs.7 and 10-11, and [0089]: when 10 is actuated, it will move in the moving direction to fit into the first opening of the first insulating member to break and divide 3); a pressing member (30) that presses the shielding member (10) in the moving direction ([0088]-[0089]: the direction 10 moves to fit into 20a will define the "moving direction") (Fig.7: 30 is what pushes 10 in the moving direction); wherein the insulating case (60) further houses (See Fig.10) the first insulating member (20), the shielding member (10), and the pressing member (30), and the fuse element (3) further comprises a cutoff portion (3c) for cutting off a current path (Figs.7 and 10: the pathway from 3a to 3b) between the first end portion (3a) and the second end portion (3b).
However, the above embodiment of Yoneda fails to 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 a 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 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 above teaching of the second embodiment of Yoneda to modify the primary embodiment of Yoneda such that it has a locking member that suppresses movement of the shielding member, and such that the locking member is housed within 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 second embodiment of Yoneda further teaches:
Wherein when the heat-generating body (40) generates heat so as to 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), stress of the pressing member (30) causes the shielding member (10) to cut the locking member (51) or separate the fixing member (Fig.14 and [0200]: the pressing member will push 10 such that it deforms/cuts/shrinks 51 and separate 51 from 3 and 40), and the shielding member (10) moves through the first opening (See Figure Below) or the second separation part of the insulating member (20- See Figure Below) to disconnect the fuse element (3), which cuts off energization of the fuse element (3) (Figs.14a-c and [0099]: when 10 moves into the first opening of the insulating member, 10 will cut 3 and will also act as a barrier wall to cut off energization of 3 due to 10 being 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 above teaching of the secondary embodiment of Yoneda to further modify 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 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 disconnect the cutoff portion of 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 19, Yoneda further discloses:
(Claim 3): Wherein when the shielding member (10) cuts the cutoff portion (3c) of 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).
(Claim 19): Wherein the shielding member (10) cuts the cutoff portion (3c) of the fuse element (3) or separates the fixing member, and 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).
Regarding claims 4 and 20, Yoneda further discloses:
Wherein the pressing member (30) is a spring ([0112]).
Regarding claims 5 and 21, 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"- 10 is made out of a material that has a tracking resistance index CTI of 500 V or more).
(Claim 21): Wherein at least one of the first insulating member (20), 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"- 10 is made out of a material that has a tracking resistance index CTI of 500 V or more).
Regarding claims 6 and 22, Yoneda further discloses:
(Claim 6): Wherein 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 include resins) selected from the group consisting of a polyamide-based resin ([0102]: "nylon-based resisn"- nylon is a type of polyamide) and a fluorine-based resin ([0102]: "fluororesins").
(Claim 22): Wherein one of the first insulating member (20), the shielding member (10), and the insulating case (60) comprises at least one resinous material ([0102]: materials of 10 include resins) selected from the group consisting of a polyamide-based rein ([0102]: "nylon-based resisn"- nylon is a type of polyamide) and a fluorine-based resin ([0102]: "fluororesins").
Regarding claims 7 and 23, modified Yoneda does not teach:
Wherein the fuse element has a stacked body comprising a low melting point metal layer and a high melting point metal layer at least on a part 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) has a stacked body (See Fig.3d) comprising a low melting point metal layer (3Da) and a high melting point metal layer (3Db and/or 3Dc) at least on a part thereof, the low melting point metal layer (3Da) comprises tin ([0074]), and the high melting point metal layer (3Db and/or 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 has a stacked body comprising a low melting point metal layer that comprises tin and a high melting point metal layer at least on a part thereof and comprises silver or copper, as respectively claimed in claims 7 and 23, in order to optimize the fuse structure as taught by Yoneda ([0069]-[0070]: the structure will be rigid enough to support the force of the pressing and shielding member, but weak enough for the shielding member to pass and break the fuse element at the tripping condition even if all of the layers have not reached their respective softening temperatures).
Regarding claims 8 and 24, 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), 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 above teaching of 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 metal layers, and arrange the one or more low melting point metal layers such that it is between the two or more high melting point metal layers, as respectively claimed in claims 8 and 24, in order to achieve the improved fuse element structure as outlined in claim 7 and 23 above.
Regarding claims 9 and 25, Yoneda further discloses:
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Wherein the fuse element (3) is formed of a single layer ([0059] and [0061]: "The fuse element 3 illustrated in FIG. 1 is composed of a single member (part), but fuse elements composed of a plurality of members (parts) may also be used") comprising silver ([0052]) or copper ([0052]) in at least a portion thereof.
Regarding claims 11 and 27, 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 second 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 27, in order to achieve the improved support and breaking accuracy as outlined in claims 1 and 18 above.
Regarding claims 12 and 29, modified Yoneda does not teach:
Wherein the fuse element comprises a low melting point metal layer or a stacked body comprising a low melting point metal layer and a high melting point metal layer on the cutoff portion, and comprises the high melting point metal layer on both the first end portion and the second end portion, 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 low melting point metal layer (3Da) or a stacked body (See Fig.3d) comprising a low melting point metal layer (3Da) and a high melting point metal layer (3Db and/or 3Dc), the low melting point metal layer (3Da) comprises tin ([0074]), and the high melting point metal layer (3Db and/or 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 above teaching of the third embodiment of Yoneda to further modify the device of modified Yoneda such that the fuse element comprises a low melting point metal layer that comprises tin or a stacked body comprising the low melting point metal layer comprising and a high melting point metal layer that comprises silver or copper on the cutoff portion, and such that the high melting point metal layer is provided on both the first end portion and the second end portion (i.e., the entire fuse element being a stacked structure so that the cutoff portion, first end portion, and second end portion have both the low melting point metal layer and the high melting point metal layer), as respectively claimed in claims 12 and 29, in order to optimize the fuse structure as taught by Yoneda ([0069]-[0070]: the structure will be rigid enough to support the force of the pressing and shielding member, but weak enough for the shielding member to pass and break the fuse element at the tripping condition even if all of the layers have not reached their respective softening temperatures).
Regarding claims 14 and 32, Yoneda further discloses:
Wherein the insulating case (60) comprises a first holding member (60A) and a second holding member (60B), and the first insulating member (See Figure of Claim 1) is integrated with the first holding member (60A) (Figs.10-11: in the assembled state, the first insulating member will be integrated/combined to make whole with the first holding member).
Regarding claim 15, Yoneda further discloses:
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Wherein the insulating case (60) comprises a first holding member (60A) and a second holding member (60B), and the second insulating member (See Figure of Claim 1) is integrated with the second holding member (60B) (Figs.10-11: the second insulating member is integrated with 60B).
Regarding claim 28, the second embodiment of Yoneda further teaches:
Wherein the first insulating member (20) which is disposed in a state proximal to or in contact (Fig.14: 20 is in contact with the outer side of 3) with an outer side (outer surface/side of 3) of the fuse element (3) comprises a locking member holding portion (bottom portion of 20) that holds the locking member (51) (Fig.14: the bottom portion of 20, which defines the “locking member holding portion” will hold 51).
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 second embodiment of Yoneda to further modify the device of modified Yoneda such 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 portion that holds the locking member, as claimed, in order to achieve the improved fuse support and breaking accuracy as outlined in claim 18 above.
Regarding claim 31, Yoneda further discloses:
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).
However, the primary embodiment of Yoneda does not disclose:
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A heat-generating body configured to heat and soften the locking member or the fixing member, wherein the heat-generating body generates heat so as to soften the locking member or the fixing member, stress of the pressing member causes the shielding member to cut the locking member or separate the fixing member, and the shielding member moves through the first opening or the first separation part of the first insulating member to cut the cutoff portion of 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 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 the locking member (51) or separate the fixing member (Fig.14 and [0199]-[0200]: as 40 heats up and softens 3, the force of 30 will exert a strong enough force the pressing member will push 10 such that it deforms/cuts/shrinks 51 to break through 3), and the shielding member (10) moves through the first opening (20a) or the first separation part of the first insulating member (20) to cut the cutoff portion (3c) of the fuse element (3), which cuts off energization of the fuse element (3) (Fig.14 and [0099]: when 10 moves through 20a of 20, 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 and moves through 20a to break 3c of 3).
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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 above teaching of the second 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, and such that the power supply member carries current to the heat-generating body, 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 the locking member or separate the fixing member, and so that the shielding member moves through the first opening or the first separation part of the first insulating member to cut the cutoff portion of the fuse element to cut off energization of the fuse element, as claimed, in order to achieve the improved support and breaking accuracy outlined in claim 18 above.
Claims 10 and 26, 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)3 as applied to claims 1 and 18 above, and further in view of Burge (US 20150294828).
Regarding claims 10 and 26, modified Yoneda does not teach:
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 the 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):
Wherein the fuse element (10) comprises a fusion portion (34) between the first end (42) portion and the second end portion (44), and a cross-sectional area of the fusion portion (34) 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 the 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 34 in the current carrying direction is less than the cross-sectional area of 42 and the cross-section area of 44).
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 modified Yoneda such that the fuse element comprises a fusion portion between the first end portion and the second end portion, and 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 the 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 26, in order to further optimize the fuse breaking capabilities since the smaller cross-sectional area of the fusion portion will better ensure that the fuse element breaks at the cutoff portion of the fuse element, and thus also better ensure that any electrical arc that is formed has to travel the longest possible distance, and thus also optimize the arc dissipation 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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Claims 13 and 30 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)4 as applied to claims 1 and 18 above, and further in view of Kobayashi (US 20020064999).
Regarding claims 13 and 30, modified Yoneda does not teach:
Wherein a thickness of the cutoff portion in the fuse element is thinner than a thickness of a portion other than the cutoff portion.
Kobayashi however teaches (Fig.3):
Wherein a thickness of the cutoff portion (1a) in the fuse element (1) is thinner than a thickness of a portion (1b and/or c) other than the cutoff portion (1a) (Fig.3 and [0027]: “the fuse terminals 1b to 6b and the fuse terminals 1c to 6c have the same thickness and are thicker than the fusing elements 1a to 6a”).
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 Kobayashi to further modify the device of modified Yoneda such that a thickness of the cutoff portion in the fuse element is thinner than a thickness of a portion other than the cutoff portion, as respectively claimed in claims 13 and 30, in order to better ensure that the fuse element breaks at the cutoff portion of the fuse element (i.e., due to the smaller thickness of the cutoff portion of the fuse element relative to other portions of the fuse element, the cutoff portion will heat up faster due to the greater resistance, and will thus better ensure that it breaks at the cutoff portion).
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Allowable Subject Matter
Claims 16 and 34 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, subject to Applicant obviating the objections outlined above and overcoming the 112(b) rejections and double patenting rejections.
Claims 17 and 35 are objected to as being dependent upon a respective allowable dependent claim that is dependent upon a rejected base claim.
The following is a statement of reasons for the indication of allowable subject matter: the allowability resides in the overall structure and functionality of the device as recited in the combined subject matter of claims 1 and 16, and as recited in the combined subject matter of claims 18 and 34, and at least in part, because claims 16 and 34 recites the limitations:
(Claim 16): “a plurality of the first insulating members, wherein the plurality of fuse elements are disposed in proximity to or in contact between the first insulating members or between the first insulating member and the second insulating member”.
(Claim 34): “a plurality of the first insulating members, wherein the plurality of fuse elements are disposed in proximity to or in contact between the first insulating members”.
The aforementioned limitations, in combination with all remaining limitations of respective claims 16 and 34, are believed to render the combined subject matter of claims 1 and 16, and the combined subject matter of claims 18 and 34, and all claims depending therefrom allowable over the prior art of record, taken either alone or in combination, subject to Applicant obviating the objections outlined above and overcoming the 112(b) rejections and double patenting rejections.
The Office notes that although the Korean Office action (of record, cited in the IDS, including original Office action and translation of Office action) rejects claims 16 and 34, the Office asserts that the rejection is improper because the Office action simply concludes that the subject matter is obvious without providing any evidence to support the conclusion. Although it is known in the art to use a plurality of fuses within a singular fuse device, the use of a plurality of insulating members and plurality of fuse members as respectively claimed in claims 16 and 34 are not taught and/or suggested in of the cited prior art references. In other words, the rejection provided in the Korean Office action is improper since the rejection is conclusory. Referring now to the rejection provided for claims 16 and 34, the rejection only provides a prior art reference that teaches a plurality of fusible elements, but fails to provide any teaching or suggestion as to how the claimed “plurality of insulating members” are obvious over the cited prior art references and simply concludes that the subject matter is obvious. For all of the reasons provided above, the rejection provided for claims 16 and 34 are believed to be improper.
Furthermore, in the English Translation of the Written Opinion of the International Searching Authority filed in the Japanese WIPO Office on 03/03/2024, the report also states that claims 16 and 34 are believed to be in condition for allowance. Therefore, claims 16 and 34 of the instant application are also believed to be in condition for allowance for the same reasons outlined in the English Translation of the Written Opinion of the International Searching Authority.
The remaining prior art references teach other fuse and circuit breaker devices. However, none of the prior art references, taken alone or in combination, are believed to render the claimed invention unpatentable as respectively claimed in claims 16 and 34. For all of the reasons provided above, claims 16 and 34 are believed to be in condition for allowance, subject to Applicant obviating the objections outlined above and overcoming the 112(b) rejections and double patenting rejections.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 11482393: teaches a plurality of fuses connected in parallel.
US 11183353: teaches a plurality of fuses connected in parallel.
US 20200066473: teaches a plurality of fuses connected in parallel.
US 20220359144: teaches that a thickness of the breaking portion of a fuse can be thinner than other portions of the fuse.
US 20160240342: teaches a fuse element with a high melting point metal layer and a low melting point metal layer, and portions of the low melting point metal layer not being coated by the high melting point metal layer.
US 20160013001: teaches a fuse element with a plurality of fusible elements.
US 20130328658: teaches that the thickness of the cutoff portion being thinner than other portions of the fuse.
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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
1 Examiner’s Note: all paragraph citations are with respect to US 20220084773 (of record, cited in the IDS) since US 20220084773 is the US equivalent of JP 2020145051.
2 Examiner’s Note: all paragraph citations are with respect to US 20220084773 (of record, cited in the IDS) since US 20220084773 is the US equivalent of JP 2020145051.
3 Examiner’s Note: all paragraph citations are with respect to US 20220084773 (of record, cited in the IDS) since US 20220084773 is the US equivalent of JP 2020145051.
4 Examiner’s Note: all paragraph citations are with respect to US 20220084773 (of record, cited in the IDS) since US 20220084773 is the US equivalent of JP 2020145051.