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 (Figs. 1-6) are objected to because the use of solid gray shading reduces legibility and does not adequately contrast with the rest of the drawings. See 37 CFR 1.84(m).
Additionally, the drawings will not reproduce well due to the shading and the character of
the lines. All drawings must be made by a process which will give them satisfactory reproduction
characteristics. See 37 CFR 1.84(1).
(1) Character of lines, numbers, and letters. All drawings must be made by a process
which will give them satisfactory reproduction characteristics. Every line, number, and letter
must be durable, clean, black (except for color drawings), sufficiently dense and dark, and
uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to
permit adequate reproduction. This requirement applies to all lines however fine, to shading, and
to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses
may be used in the same drawing where different thicknesses have a different meaning.
(m) Shading. The use of shading in views is encouraged if it aids in understanding the
invention and if it does not reduce legibility. Shading is used to indicate the surface or shape of
spherical, cylindrical, and conical elements of an object. Flat parts may also be lightly shaded.
Such shading is preferred in the case of parts shown in perspective, but not for cross sections.
See paragraph (h)(3) of this section. Spaced lines for shading are preferred. These lines must be
thin, as few in number as practicable, and they must contrast with the rest of the drawings. As a substitute for shading, heavy lines on the shade side of objects can be used except where they superimpose on each other or obscure reference characters. Light should come from the upper left corner at an angle of 45°. Surface delineations should preferably be shown by proper shading. Solid black shading areas are not permitted, except when used to represent bar graphs or color.
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
Claims 1 and 7 are objected to because of the following informalities: claims recite open-ended limitations in relation to the assembled end product: “for electrically connecting” (ll. 4-5 of claim 1); “for retaining” (l. 17 of claim 1), “configured to occlude” (past 2 lines of claim 1), and “configured to abut” (claim 7).
The Office would like to remind the Applicant that just because something is “configured to” do something (i.e. is “capable of” doing something), doesn’t actually mean it does it. “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v.Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). Language that suggests or makes optional but does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation (MPEP 2111.04 and 2103 (I) (C)). It has been held that the open-ended recitations stating that an element is capable to perform a function (e.g., “configured to”, “adapted to”, etc.) are not the positive limitations but only require the ability to so perform. They do not constitute a limitation in any patentable sense. See In re Hutchison, 69 USPQ 138.
Appropriate corrections are required. All open-ended limitations must be amended to explicitly positively set forth the claimed apparatus, e.g., “electrically connected”, “retain(s)”, “abut(s)”, “abutting”, etc.
The Office requests Applicant’s cooperation with reviewing the claims and correcting all remaining informalities present in the claims, but not made of record above.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-6 and 8-10, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 10-2013-024244 to Kim (cited in IDS, see English translation of record).
Regarding claim 1, Kim discloses: A fuse device (see Fig.1) comprising: a fuse element (Fig.2, Element 50), comprising: two end portions (Fig.2, Elements 56, 54) spaced apart in a longitudinal direction, and a middle portion (see Fig.2, the middle portion is the portion connecting the two end portions 54, 56) arranged between the end portions (54, 56) for electrically connecting the end portions (54, 56), and configured to melt when a predetermined current flows therethrough; a first enclosure (Fig.2, Element 17), having: a first base portion (Fig.2, Element 18) and a second base portion (see Fig.2, the end portion of the bodies 17' and 17" opposite to the first base portion (18)), spaced apart in the longitudinal direction, and - one or more side walls (clearly visible in Fig.2) connecting the first base portion (18) and the second base portion, wherein the first base portion, the second base portion and the one or more side walls enclose a first internal volume (this is clear when the two half shells 17' and 17" are connected together; this is also clearly deductible from Fig.1), the middle portion of the fuse element being in the first internal volume, the end portions of the fuse element projecting out of the first base portion and the second base portion, respectively (the dimensions are clear from Fig.4; the slots 18' of the first base portion are designed to accommodate part of the middle portion (in particular elements 57, 57'') so that the end portions are outside the first enclosure), wherein the first base portion is shaped for retaining extinguishing material within the first internal volume, and the second base portion has a fill opening (Fig.2 clearly shows that the second base portion does not have the closure as the first base portion) for introduction of extinguishing material into the first internal volume (see par.[0022]: "The sleeve assembly above consists of a first sleeve (17) that forms a space filled with an arc material (not shown) inside"); a second enclosure (Fig.2, Elements 20, 30) having: a third base portion (Fig.2, Element 28, 38) and a fourth base portion (see Fig.2; the end portion of the bodies 21, 31 opposite to the base portions 28, 38), spaced apart in the longitudinal direction, and one or more side walls (Fig.2, Element 21, 31) connecting the third base portion and the fourth base portion, wherein the third base portion, the fourth base portion and the one or more side walls enclose a second internal volume (Fig.2, Element 21', 31'), wherein the third base portion has an assembly opening for introduction of the one or more side walls of the first enclosure into the second internal volume, wherein the fourth base portion is configured to occlude the fill opening of the second base portion (this is clearly visible in Fig.2; the bottom part of the first enclosure (so the part opposite to the first base portion 18) does not have a portion that closes the internal space of the first enclosure; on the contrary this is clearly present in the bottom part of the second enclosure, that therefore acts as a closure for the opening of the second base portion of the first enclosure).
Regarding claim 2, Kim discloses (Fig. 2) that the first base portion (18) comprises a first through opening (18’), the corresponding end portion (56) of the fuse element (50) extending through the first through opening (18’) out of the first enclosure (17).
Regarding claim 3, Kim discloses (Figs. 2-4) that the fourth base portion (see Fig.2; the end portion of the bodies 21, 31 opposite to the base portions 28, 38) comprises a second through opening (i.e., the clearly visible "cut" into which the end portion (54) of the fuse element (50) is inserted. Even without the visible cut, this is clearly deducible from the final assembly state of Figs. 3-4), the corresponding end portion (54) of the fuse element (50) extending through the second through opening out of the second enclosure (20, 30).
Regarding claim 4, Kim discloses (Fig. 2) that the one or more side walls of the first enclosure (17) are located internally adjacent to the one or more side walls of the second enclosure (20, 30) (Fig.2 shows that the second enclosure (20, 30) surrounds the first enclosure (17)).
Regarding claim 5, Kim discloses (Fig. 2) that the first enclosure (17) and the second enclosure (20, 30) have a substantially tubular shape.
Regarding claim 6, Kim discloses (Fig. 2) that the fill opening (Fig.2 clearly shows that the second base portion [see Fig.2, the end portion of the bodies 17' and 17" opposite to the first base portion (18)] does not have the closure as the first base portion (18)) is delimited by an edge of the one or more side walls of the first enclosure (17), said fill opening being configured to allow the extinguishing material to be poured into the first internal volume (see par.[0022]: "The sleeve assembly above consists of a first sleeve (17) that forms a space filled with an arc material (not shown) inside"), as well as the passage of the corresponding end portion (54) of the fuse element (50).
Regarding claim 8, Kim discloses (Fig. 2) that the first enclosure (17) comprises a first enclosure portion (17’) and a second enclosure portion (17”) form fitting the first enclosure portion (17’).
Regarding claim 9, Kim discloses (Fig. 2) that the first enclosure portion (17’) and the second enclosure portion (17”) together delimit the first through opening (18’) of the first base portion (18), and a third through opening formed in the second base portion (see Fig.2, the end portion of the bodies 17' and 17" opposite to the first base portion (18) define the third opening), the corresponding end portion (54) of the fuse element (50) extending through said third through opening.
Regarding claim 10, Kim discloses (Fig. 2) that the second base portion (see Fig.2, the end portion of the bodies 17' and 17" opposite to the first base portion (18)) comprises a front wall (formed by the exposed annular end surfaces of the cross-sectional portions of the bodies (17’ and 17”)) in which said fill opening is formed (Fig. 2 shows that the second base portion does not have the closure as the first base portion for introduction of extinguishing material into the first internal volume [see par.[0022]: "The sleeve assembly above consists of a first sleeve (17) that forms a space filled with an arc material (not shown) inside"]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of US 6, 642, 833 to Ranjan et al. (hereafter “Ranjan”, cited in IDS).
Regarding claim 7, Kim does not disclose that the first base portion of the first enclosure has a projection configured to abut the third base portion of the second enclosure.
Ranjan discloses (Fig. 1) an electrical fuse (10), wherein a first base portion of the first enclosure (18) has a projection (29) configured to abut a third base portion of a second enclosure (20) for sealing purposes (col. 3, ll. 33-35; col. 4, ll. 18-22).
It would have been obvious to a person of the ordinary skill in related arts before the effective filing date of the claimed invention to have modified to Kim according to the teachings of Ranjan, so the first base portion of the first enclosure has the projection configured to abut the third base portion of the second enclosure, in order to predictably enhance sealing, and consequently, overall reliability and safety of the device (see Ranjan, col. 3, ll. 33-35; col. 4, ll. 18-22). Also, all claimed elements were known in the prior art and one skilled in the art could have combined / modified the elements as claimed by known methods with no change in their respective functions, and the combination / modification would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. See KSR International Co. v. Teleflex Inc., 550 U.S.___, 82 USPQ2d 1385 (2007).
Conclusion
The additional prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
The following references teach electrical fuses with significant housing or casing structure: US 2694124, US 3304389, US 3061700, US 1852104, US 1981599, US 3287525, US 2023/0230792, US 3876966, US 3967228, US 4058786, US 5485136, US 4413246, US 4059816, US 11127555, US 5003281, US 2003/0076214, and US 2015/0348731.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anatoly Vortman whose telephone number is (571)272-2047. The examiner can normally be reached Monday-Thursday, between 10 am and 8:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jayprakash N. 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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/Anatoly Vortman/
Primary Examiner
Art Unit 2841
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