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 .
Election/Restrictions
Applicant's election with traverse of Specie VII (Figs.20-21), claims 1-8 and 10-20, in the reply filed on 08/04/2026 is acknowledged. Claim 9 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected specie, there being no allowable generic or linking claim. The traversal is on the ground(s) that there is no undue burden on the Examiner to search all of the claims since the “elected and non-elected species in the present application would appear to be part of an overlapping search area” and thus providing no serious search burden on the Examiner.
This is not found persuasive because as outlined in the Requirement for Restriction/Election of 02/09/2026, a serious search burden can be established if “the species would require a different field of search (e.g., searching different classes/subclasses/groups/subgroups or electronic resources, or employing different search strategies or search queries). Furthermore, the prior art applicable to reject claims drawn to one specie would not likely be applicable to reject claims drawn to another specie”. In other words, even though the search for the elected and non-elected species can overlap in search area (e.g., CPC area and/or USPC area), it does not change the fact that different search strategies and queries would be required to find prior art directed to the non-elected species, and thus satisfying the requirement to establish a burdensome search. The Office also notes that the art directed to Specie VII would not be able to reject claims directed to the other non-elected specie, and thus also satisfying the search burden requirement. For all of the reasons outlined above, Applicant’s traversal is believed to be non-persuasive.
The requirement is still deemed proper and is therefore made FINAL. However, since independent claim 1 is otherwise believed to be in condition for allowance (subject to Applicant overcoming the double patenting rejections outlined below and subject to Applicant obviating the objections outlined below) and there being no issues with rejoining claim 9, claim 9 is hereby no longer withdrawn and was examined on the merits. Therefore, claims 1-20 are examined on the merits.
Claim Objections
The below claims are objected to because of the following informalities:
Claim 1 Ln.6: the clause “on outside of the insulating case” should be amended to recite “on an outside of the insulating case” for grammatical reasons.
Claim 1 Ln.8: the clause “exposed on outside of the insulating case” should be amended to recite “exposed on the outside of the insulating case” for grammatical reasons and in light of the objection made to Claim 1, Line 6 above.
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Claim 3 Ln.2: the clause “wherein the when shielding member” should be amended to recite “wherein when the shielding member” in order to correct the typographical order (i.e., the words “the” and “when” need to be swapped).
Claim 8: the Office recommends amending the claim such that it recites “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, and the stacked body has 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 clarity purposes (i.e., make the relationship between the high melting point metal layer of claim 7 and the two or more high melting point metal layers of claim 8 clear, and to make the relationship between the low melting point metal layer of claim 7 and the at least one or more low melting point metal layers clear) and consistent claim nomenclature.
Claim 11 Lns.4-5: the Office recommends amending the clause “connected in series in energization” such that it recites “connected in series in an energization direction” for clarity purposes (i.e., it is not clear what “in series in energization” is supposed to mean, and it is believed Applicant attempted to claim an energization direction).
Claim 12: the Office recommends amending the claim such that it recites “wherein the first conductor comprises two first conductors, and wherein the second fusible conductor is disposed between the two first fusible conductors” to make the relationship between the “first conductor” of claim 11 and the “two first conductors” of claim 12 clear.
Clam 13 Ln.3: the clause “due to heat generation of the heat-generating body” should be amended to recite “due to heat generated by the heat-generation body” in order to put the clause in better grammatical form.
Claim 14 Ln.3: the clause “on the opposite side” should be amended to recite “on an opposite side” for antecedent reasons.
Claim 15 Ln.2: the Office recommends amending the clause “comprising a plurality of the fuse elements” to recite “wherein the fuse element comprises a plurality of fuse elements” in order to put the clause in better form (i.e., there is no antecedent bases for “the fuse elements” since independent claim 1 only provides the antecedent basis for a fuse element, and thus the proposed amendment maintains consistent claim nomenclature while also providing a clear relationship between the fuse element of claim 1 and the plurality of fuse elements of claim 15).
Claim 15 Lns.2-3: the clause “the fuse elements laminated” should be amended to recite “the plurality of fuse elements laminated” for consistent claim nomenclature.
Claim 15 Ln.3-4: the Office recommends amending the clause “a perpendicular direction relative to a surface of the fuse element” such that it recites “a perpendicular direction relative to a surface of a first fuse element of the plurality of fuse elements” for clarity purposes (i.e., keeping the clause “the fuse element” would make it unclear as to what “the fuse element” is in reference to because independent claim 1 uses the clause “the fuse element”, but then claim 15 introduces a plurality of the fuse elements, and thus making it unclear as to whether “the fuse element” is supposed to be in reference to. Therefore, the proposed amendment makes it clear that the fuse element of claim 1 has a plurality of fuse elements and each of the fuse elements being parallel to each other with respect to a first fuse element of the plurality of fuse elements).
Claim 15 Ln.5: the clause “a plurality of the insulating members” should be amended to recite “the insulating member comprises a plurality of insulating members” for similar reasons as provided for the objection made to claim 15, line 2.
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Claim 15 Ln.7: the Office recommends amending “each of the opening of the plurality of insulating members” such that it recites “each opening of the plurality of insulating members” for antecedent purposes (i.e., claim 1 only positively recites that a singular insulating member has an opening, so the proposed amendment would make it clear that each of the plurality of insulating members has the same structure of the insulating member as claimed in claim 1).
Claim 16 Lns.2-3: the clause “comprise an insulating member disposed on the outer side” should be amended to recite “comprise a first insulating member disposed on an outer side” for clarity purposes (i.e., distinguish the “insulating member” of claim 16 from the “insulating member” of independent claim 1) and for antecedent purposes (i.e., this is the first instance in which an outer side is being positively recited).
Claim 16 Ln.3: the clause “on the shielding member side” should be amended to recite “on a shielding member side” for antecedent reasons (i.e., this is the first instance in which the claim limitation is being positively recited).
Claim 16 Ln.6: it is believed that the clause “of an outermost layer on the opposite side” should be amended to recite “of the outermost layer on an opposite side” for antecedent purposes (i.e., it is believed that the “outermost layer” is supposed to be in reference to the “outermost layer” recited in line 3 of the claim, and this is the first instance in which the opposite side is being claimed).
Claim 16 Ln.10: the Office recommends amending the clause “all of the openings” such that it recites “all of the openings of the plurality of insulating members” for clarity purposes (i.e., make it clear that “openings” is in reference to “the plurality of insulating members” of claim 15).
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Claim 17: the Office recommends amending the claim such that it recites “The protective element according to claim 1, wherein the fuse element comprises a plurality of fuse elements, each of which has a plate shape, the plurality of fuse elements being laminated in parallel in a perpendicular direction relative to a surface of a first fuse element of the plurality of fuse elements, and the insulating member comprises a plurality of insulating members disposed in contact or proximally between and on an outer side of the plurality of fuse elements, wherein each of openings of the plurality of insulating members overlaps each other when viewed from the perpendicular direction, and the shielding member is movable within all of the openings” in order to put the claim in better form for similar reasons outlined in the objections made to claim 15 above.
Claim 18 Ln.5: the clause “at least one holding member being formed” should be amended to recite “at least one holding member of the at least two holding members being formed” for clarity purposes (i.e., make it clear that the at least one holding member is in reference to the at least two holding members).
Claim 20 Ln.3: the clause “facing the opposite side” should be amended to recite “facing an opposite side” for antecedent purposes.
Due to the outstanding number of objections, 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 1-10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of copending Application No. 18/687,979 (Referred to as Reference Application) (Allowed, but not yet Published) in view of Yoneda (WO 2020179728)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 below for the mapping in the table in which bolded limitations indicate the corresponding limitations between the Instant Application and the Reference Application.
This is a provisional nonstatutory double patenting rejection.
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Instant Application: 18/688,017
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; an insulating member (encompassed by the limitations of the “first insulating members” and/or “second insulating members”) disposed in a state proximal to or in contact with the fuse element and having an opening; a shielding member movable in an insertion direction to be inserted into the opening of the insulating member so as to divide the fuse element; a pressing member that presses the shielding member in the insertion direction; a locking member that is fixed [between the insulting case and the shielding member], using a fixing member, and suppresses movement of the shielding member; a heat-generating body configured to heat and soften the fixing member; and a power supply member that carries current to the heat-generating body, wherein the insulating case further houses the insulating member, the shielding member, the pressing member, the locking member, the heat-generating body, and a portion of the power supply member.
1) A protective element comprising: a plurality of fuse elements each 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 plurality of fuse elements; a first terminal comprising: a first end connected to the first end portion of the plurality of fuse elements; and a second end exposed on an outside of the insulating case; a second terminal comprising: a first end connected to the second end portion of the plurality of fuse elements; and a second end exposed on the outside of the insulating case; a plurality of first insulating members each having a first opening or a first separation part, and a second insulating member having a second opening or a second separation part, the plurality of fuse elements each being disposed in proximity to or in contact between the plurality of first insulating members or between one of the plurality of first insulating members and the second insulating member; 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 plurality of first insulating members and the second opening or the second separation part of the second insulating member, so as to divide the plurality of fuse elements; a pressing member that presses the shielding member in the moving direction; a locking member that suppresses movement of the shielding member; a fixing member, as an optional component, that fixes the locking member to the insulating case; 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 plurality of first insulating members, 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 each of the plurality of fuse elements further comprises a cutoff portion for cutting off a current path between the first end portion and the second end portion.
However, the claims of the Reference Application do not claim the bracketed limitations.
Yoneda however teaches (Figs.11 and 13, and [0190]: the features of figure 13 can be applied to figure 11, and thus the overlapping features of figure 11 will be used):
A locking member (15) that is fixed between the insulting case (60) and the shielding member (11) (Figs.11 and 13, and [0194]: 50 is placed within 20a of 20, which means 50 will be between 11 and 60B of 60 in the assembled state).
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 locking member is fixed between the insulating case and the shielding member, as claimed in the Instant Application, in order to provide a support structure that will further ensure that the fuse element is properly interrupted at the overcurrent condition as taught by Yoneda ([0192]-[0193]).
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.
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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 Claims 1 and 10 of the Reference Application.
Claims 1-10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of copending Application No. 18/687,869 (Referred to as Reference Application) (Allowed, but not yet Published) in view of Yoneda (WO 2020179728)2. 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 below for the mapping in the table 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: 18/688,017
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; an insulating member (encompassed by the “plurality of first insulating members” and/or the “second insulating member”) disposed in a state proximal to or in contact with the fuse element and having an opening; a shielding member movable in an insertion direction to be inserted into the opening of the insulating member so as to divide the fuse element; a pressing member that presses the shielding member in the insertion direction; a locking member that is fixed [between the insulting case and the shielding member], using a fixing member, and suppresses movement of the shielding member; a heat-generating body configured to heat and soften the fixing member; and a power supply member that carries current to the heat-generating body, wherein the insulating case further houses the insulating member, the shielding member, the pressing member, the locking member, the heat-generating body, and a portion of the power supply member.
1) A protective element comprising: a plurality of fuse elements each 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 plurality of fuse elements; a first terminal comprising: a first end connected to the first end portion of the plurality of fuse elements; and a second end exposed on an outside of the insulating case; a second terminal comprising: a first end connected to the second end portion of the plurality of fuse elements; and a second end exposed on the outside of the insulating case; a plurality of first insulating members each having a first opening or a first separation part, and a second insulating member having a second opening or a second separation part, the plurality of fuse elements each being disposed in proximity to or in contact between the plurality of first insulating members or between one of the plurality of first insulating members and the second insulating member; 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 plurality of first insulating members and the second opening or the second separation part of the second insulating member, so as to divide the plurality of fuse elements; a pressing member that presses the shielding member in the moving direction; a locking member that suppresses movement of the shielding member; a fixing member, as an optional component, that fixes the locking member to the insulating case; 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 plurality of first insulating members, 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 each of the plurality of fuse elements further comprises a cutoff portion for cutting off a current path between the first end portion and the second end portion.
However, the claims of the Reference Application do not claim the bracketed limitations.
Yoneda however teaches (Figs.11 and 13, and [0190]: the features of figure 13 can be applied to figure 11, and thus the overlapping features of figure 11 will be used):
A locking member (15) that is fixed between the insulting case (60) and the shielding member (11) (Figs.11 and 13, and [0194]: 50 is placed within 20a of 20, which means 50 will be between 11 and 60B of 60 in the assembled state).
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 locking member is fixed between the insulating case and the shielding member, as claimed in the Instant Application, in order to provide a support structure that will further ensure that the fuse element is properly interrupted at the overcurrent condition as taught by Yoneda ([0192]-[0193]).
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.
Allowable Subject Matter
Claims 1-8 and 10-20 will be allowed, subject to Applicant overcoming the double patenting rejections and subject to the obviation of the objections outlined above.
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Claims 11-20 are objected to as being dependent upon a rejected base claim, but will also be in condition for allowance once Applicant overcomes the double patenting rejection made to independent claim 1, which is otherwise allowable as outlined below.
The following is an examiner’s statement of reasons for allowance: the allowability resides in the overall structure and functionality of the device as respectively recited in independent claim 1, and at least in part, because claim 1 recites the limitations: “a locking member that is fixed between the insulting case and the shielding member, using a fixing member, and suppresses movement of the shielding member; a heat-generating body configured to heat and soften the fixing member; and a power supply member that carries current to the heat-generating body, wherein the insulating case further houses the insulating member, the shielding member, the pressing member, the locking member, the heat-generating body, and a portion of the power supply member”.
The aforementioned limitations, in combination with all remaining limitations of respective independent claim 1, are believed to render said claim 1, and all claims depending therefrom allowable over the prior art references of record, taken either alone or in combination, subject to Applicant overcoming the double patenting rejection and subject to the obviation of the objections outlined above.
Yoneda (WO 2020179728)3 is believed to be the closest prior art reference. Yoneda discloses (Figs.7-8 and 10-11):
A protective element comprising: a fuse element (3) comprising: a first end portion (end of 3 connected to 1); and a second end portion (end of 3 connected to 2) at an opposite end of the first end portion (end of 3 connected to 1); an insulating case (60) that houses the fuse element (3); a first terminal (1) comprising: a first end (end of 1 connected to 3) connected to the first end portion (end of 3 connected to 1) of the fuse element (3); and a second end (end of 1 that has the aperture) exposed on outside (See Fig.10) of the insulating case (60); a second terminal (2) comprising: a first end (end of 2 connected to 3) connected to the second end portion (end of 3 connected to 2) of the fuse element (3); and a second end (end of 2 that has the aperture) exposed on outside (See Fig.10) of the insulating case (60); an insulating member (60) disposed in contact (See Fig.10) with the fuse element (3) and having an opening (20a); a shielding member (10) movable in an insertion direction (Figs.7 and 10-11: the downward direction that 10 travels to fit into 20a) to be inserted into the opening (20a) of the insulating member (20) so as to divide ([0121]) the fuse element (3); a pressing member (30) that presses the shielding member (10) in the insertion direction (Figs.7 and 10-11: the downward direction that 10 travels to fit into 20a); a heat-generating body (40); and a power supply member (5) that carries current ([0182]) to the heat-generating body (40), wherein the insulating case (60) further houses the insulating member (20), the shielding member (10), the pressing member (30), the heat-generating body (40), and a portion of the power supply member (5) (Figs.7 and 10: 60 will house 20, 10, 30, 40 and a portion of 5 in the assembled state).
Yoneda even presents a second embodiment that teaches (Fig.14):
A locking member (51) that is fixed between the insulating case (Fig.14: the device will have a similar insulating case as shown in fig.10, and thus 51 will be between the lower casing of the insulating case and the shielding member) and the shielding member (Fig.14: the depicted, but not labeled “10”) and suppresses movement ([0194] and [0224]: the purpose of 51 is to prevent movement of 10 until the breaking temperature of 3 is reached) of the shielding member; and the heat-generating body (40) configured to heat and soften the locking member (51) (Fig.14 and [0200]: the heat from 40 which is used to melt 3 will also be used to heat and soften 51 so that the force of 30 can deform 51).
However, Yoneda does not teach a locking member that utilizes a fixing member to suppress movement of the shielding member so that the heat-generating body can heat and soften the fixing member to actuate the shielding member (i.e., Yoneda provides no teaching of a fixing member that works with the locking member to suppress movement of the shielding member and the fixing member being configured to soften and melt as a result of the heat generating by the heat-generating body). The remaining prior art references teach other thermal switches that are known in the art. There are prior art references that teach the use of a support for a fuse, however, none of the prior art references, taken alone or in combination, are believed to reasonably teach a fixing member that cooperates with a locking member and is configured to melt from heat generated by a heat-generating component, as claimed in independent claim 1. Furthermore, even if there were a prior art reference that teaches the claimed “fixing member”, the Office notes that there would be no clear reason for one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize a “fixing member” since including the “fixing member” would inhibit the function of the locking member. Therefore, none of the prior art references, taken alone or in combination, are believed to render the claimed invention unpatentable as claimed.
Furthermore, none of the Office actions provided in the Global Dossier are believed to provide a prior art reference or combination of prior art references that would teach at least the aforementioned allowable subject matter of independent claim 1. The Global Dossier provides Office actions from the Taiwanese Patent Office, Korean Patent Office, and the WIPO Office. Both the Taiwanese Patent Office and WIPO Office state that the instant application is believed to be in condition for allowance, and none of the prior art references cited by either Office, taken alone or in combination, are believed to teach and/or suggest the aforementioned allowable limitations of independent claim 1. Although the Korean Patent Office provides a rejection for the claims, the Office notes that the rejection would not properly reject claim 1 of the instant application. Referring to the Korean Office action, the reference utilizes Yoneda (JP 2020145051) (of record, cited in the IDS, including Original Copy and Translation) to reject independent claim 1. The Office notes that JP 2020145051 is the Japanese publication of WO 2020179728 and will thus have the same deficiency as outlined above. As outlined in the rejection made in the Korean Office action, the action also states that the Yoneda teaches a locking member and a heat-generating body that is used to heat and soften the locking member. However, there is no mapping for the “fixing member”, and thus reasonably concluding that the action also admits that the reference fails to disclose the claimed “fixing member” as claimed in independent claim 1 of the instant application. Therefore, even though Yoneda can be utilized to reject, at least, independent claim 1 in the Korean equivalent of the application (i.e., since the claims make the “fixing member” an optional component, whereas the “fixing member” of the instant application is a positively recited and necessary component), the rejection provided by the Korean Patent Office would not properly reject independent claim 1 of the instant application. For all of the reasons outlined above, the claims of the instant application are believed to be allowable over the Office actions supplied by the Global Dossier.
Finally, the Office has not identified any other remaining double patenting issue. For all of the reasons outlined above, the claims are believed to be in condition for allowance, subject to Applicant overcoming the double patenting rejection and subject to the obviation of the objections outlined above.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20220189723: teaches a support member that is utilizes to support a conductor.
JP 2021022431: teaches the use of a support member to support a fuse to ensure that the fuse accurately breaks at the breaking temperature (US 20220319792 is the US version of the Application and cited in the 892).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jayprakash Gandhi can be reached at (571)272-3740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHEN S SUL/Primary Examiner, Art Unit 2841
1 Examiner’s Note: refer to US 20220084773 for the translation since it is the US version of the WIPO document.
2 Examiner’s Note: refer to US 20220084773 for the translation since it is the US version of the WIPO document.
3 Examiner’s Note: refer to US 20220084773 for the translation since it is the US version of the WIPO document.
Prosecution Insights