DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 08/06/2024 have been considered by the Examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites a phrase “An reference jig comprising” in line 1. Examiner suggests amending the phrase to recite “A reference jig comprising:” to restore clarity.
Appropriate correction is required.
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 Langi, 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 §§ 706.02(1)(1) - 706.02(1)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-l.jsp.
Claim 1 of instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of reference U.S. Patent Number: 11588265. Although the claim at issue are not identical, they are not patentably distinct from each other because: Claim 1 of the instant application is a genus and anticipated by species type Claim 1 of the reference application as charted below (See MPEP §804.03, § 2131.02: "A generic claim cannot be allowed to an applicant if the prior art discloses a species falling within the claimed genus." The species in that case will anticipate the genus. In re Slayter, 276 F.2d 408, 411, 125 USPQ 345, 347 (CCPA 1960); In re Gosteli, 872 F.2d 1008, 10 USPQ2d 1614 (Fed. Cir. 1989)):
18795475(instant)
US 11588265 (reference)
An reference jig comprising
a reference terminal connectable to a male terminal of a connector; and
a metal band configured to attach to the reference terminal,
the reference terminal including
a plurality of pieces, each of which has a shape that is spaced about a center axis and extend along the center axis, and
a plurality of convex portions each protruding from an inner surface of one of the plurality of pieces,
the metal band configured to attach to the plurality of pieces and capable of clamping the plurality of pieces.
A jig for evaluating a performance regarding a temperature rise of a connector comprising:
a pair of terminals comprised of metal and connectable to a pair of male terminals of the connector;
a metal band configured to be attached to each of the terminals; and an adjustment unit capable of adjusting the metal band in diameter to adjust a clamping force of the metal band,
each terminal including
a plurality of contact pieces, each capable of contacting each male terminal and spaced around a center axis, each of the plurality of the contact pieces including a piece having a shape extending in a direction parallel to the center axis, and
a portion protruding from an inner surface of the piece toward the center axis,
the metal band capable of being attached to the plurality of contact pieces at a position where the clamping force of the metal band can be applied to the plurality of contact pieces.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6 and 10 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by NISHIJIMA et al. (US 20210351539; hereinafter NISHIJIMA).
Regarding claim 1, NISHIJIMA discloses in figure(s) 1-10 An reference jig comprising
a reference terminal (abs. - female terminals 72 including female connecting portions 70 to be connected to the male connecting portions 24 in a mating female connector 14; fig. 4, 9, 13-14) connectable to a male terminal (male terminal 22 and male connecting portion 24) of a connector; and
a metal band (16) configured to attach to the reference terminal (para. 54 - mounting body 16 made of metal and having a shielding function; figs. 2,4),
the reference terminal including
a plurality of pieces (76), each of which has a shape that is spaced about a center axis and extend along the center axis, and
a plurality of convex portions (70) each protruding from an inner surface of one of the plurality of pieces,
the metal band (16) configured to attach to the plurality of pieces and capable of clamping (ribs 50) the plurality of pieces (para. 54 - the mounting body 16 is formed with a connector mounting hole 18; para. 57 - semicircular plate portions 44a, 44b defining each female terminal accommodation hole 48 are provided with a pair of contact preventing ribs 50, 50 projecting radially outward).
Regarding claim 2, NISHIJIMA discloses in figure(s) 1-10 the reference jig according to claim 1, wherein the reference terminal further includes a cylindrical portion (30,50) connected to the plurality of pieces and formed in a cylindrical shape centered on the center axis.
Regarding claim 3, NISHIJIMA discloses in figure(s) 1-10 the reference jig according to claim 2, wherein the cylindrical portion (30,50) has an outer peripheral surface contiguous to an outer peripheral surface of each piece (76).
Regarding claim 4, NISHIJIMA discloses in figure(s) 1-10 the reference jig according to claim 2, wherein a length of the piece (76) in a direction parallel to the center axis is greater than a length of the cylindrical portion (30) in the direction parallel to the center axis.
Regarding claim 5, NISHIJIMA discloses in figure(s) 1-10 the reference jig according to claim 4, wherein the length of the piece (76) in the direction parallel to the center axis is at least 1.5 times the length of the cylindrical portion (30) in the direction parallel to the center axis.
Regarding claim 6, NISHIJIMA discloses in figure(s) 1-10 the reference jig according to claim 1, wherein the convex portion (70) having a shape curved so as to protrude inward in a radial direction of the outer peripheral surface of the piece (76).
Regarding claim 10, NISHIJIMA discloses in figure(s) 1-10 the reference jig according to claim 2, wherein the piece (76) has a distal end portion formed on an opposite side of a side to which the piece being connected to the cylindrical portion (30,50), the convex portion (70) is connected to the inner surface of the piece at a portion away from the distal end portion in the direction parallel to the center axis.
Claim Rejections - 35 USC § 103
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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over NISHIJIMA.
Regarding claim 7, NISHIJIMA additionally teaches in figure(s) 11-14 the reference jig according to claim 6, wherein the convex portion (70) has an apex (94; fig. 11), a radius of curvature of the apex is greater than a radius of curvature of a boundary portion between the piece (76) and the convex portion.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of NISHIJIMA embodiment of figs. 1-10 by having wherein the convex portion has an apex, a radius of curvature of the apex is greater than a radius of curvature of a boundary portion between the piece and the convex portion as taught by NISHIJIMA embodiment of figs. 11-14 in order to provide "a male connector and a connector device having novel structures capable of reducing a projecting height of a female connector connected to a male connector from the male connector and realizing a hand-contact preventing function of preventing hand contact with a male terminal while advantageously ensuring a cross-sectional area of a male connecting portion by a simple structure" (para. 9).
Regarding claim 8, NISHIJIMA teaches in figure(s) 1-14 the reference jig according to claim 7, wherein the radius of curvature of the apex (94) is twice the radius of curvature of the boundary portion (76).
Claim(s) 9 are rejected under 35 U.S.C. 103 as being unpatentable over NISHIJIMA in view of TACHIBANA et al. (US 20140374155).
Regarding claim 9, NISHIJIMA teaches in figure(s) 1-14 the reference jig according to claim 8,
NISHIJIMA does not teach explicitly wherein the radius of the curvature of the apex is 1 mm and the radius of the curvature of the boundary portion is 0.5 mm.
However, TACHIBANA teaches in figure(s) 1-10 wherein the radius of the curvature of the apex is 1 mm and the radius of the curvature of the boundary portion is 0.5 mm (para. 97 – 1mm diameter of wire 13 and 2mm for terminal 11; fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of NISHIJIMA by having wherein the radius of the curvature of the apex is 1 mm and the radius of the curvature of the boundary portion is 0.5 mm as taught by TACHIBANA in order to provide "a method of manufacturing the electrical wire connecting structure, a terminal having a tube-shaped portion of 2.0 mm in inner diameter is prepared for an electrical wire having a conductor cross-sectional area of 0.72 to 1.37 mm.sup.2" (abstract).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See the List of References cited in the US PT0-892.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKM ZAKARIA whose telephone number is (571)270-0664. The examiner can normally be reached on 8-5 PM (PST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Judy Nguyen can be reached on (571) 272-2258. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AKM ZAKARIA/
Primary Examiner, Art Unit 2858
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