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 .
Claim Objections
The claims below are objected to because of the following informalities:
Claim 103 Ln.10: the clause “by the conductor” should be amended to recite “by the at least one conductor” for consistent claim nomenclature.
Claim 103 Ln.15: the clause “of the current flows through” should be amended to recite “of the electrical current flows through” for consistent claim nomenclature.
Claim 103 Ln.16: the clause “generating normal status signal indicating” should be amended to recite “generating a normal status signal indicating” for grammatical reasons.
Claim 103 Lns.20-21: the clauses “that the threshold temperature has been exceeded” and “in which the current flows through” should be amended to recite “that the predetermined threshold temperature has been exceeded” and “in which the electrical current flows through” for consistent claim nomenclature.
Claim 105 Ln.1: it is believed that the clause “wherein the intervention” should be amended to recite “wherein the interventions” for consistent claim nomenclature (i.e., claim 104 utilizes “interventions” and not “intervention”). However, if Applicant wants to claim one intervention of the interventions, then the clause should be amended to recite “wherein an intervention of the interventions” to clearly claim an intervention of the plurality of interventions claimed in claim 104.
Claim 105 Ln.2: it is believed that the clause “with the determined temperature initiates” should be amended to recite “with a determined temperature initiates”. However, if the limitation is supposed to refer to the “predetermined temperature range” of claim 103, then the clause should be amended to recite “with the predetermined temperature range initiates” for consistent claim nomenclature.
Claim 105: the Office asks that Applicant amend the clause “wherein the action comprises disconnecting the thermally controlled electrical component from a power source” to better clarify what the relationship between the “thermally controlled electrical component” and “power source” is. As outlined in the body of the rejection below, paragraph [0080] of Applicant’s specification (see US PG-Pub version of Applicant’s specification) seems to state that the thermally controlled electrical component is a power source such as a battery cell. Therefore, based on Applicant’s specification, it is unclear how a thermally controlled electrical component can disconnect from a power source if a power source is a thermally controlled electrical component (i.e., how can a component disconnect from itself?). It is believed that Applicant’s disclosure presents a thermally controlled electrical component that is a battery pack that comprises a plurality of power sources/battery cells, and the battery cells being able to disconnect from each other. However, since it cannot be determined whether the Office’s interpretation is correct, the Office requests that Applicant amend the claim to more clearly outline what the relationship between the thermally controlled electrical component and the power source is and how the thermally controlled electrical component can disconnect from the power source.
Claim 109 Ln.2: the Office suggests that Applicant amend “an NTC” to recite “a negative temperature coefficient (NTC)” since none of claims 103 and 108-109 outline what NTC stands for.
Claim 109 Ln.4: the clause “wherein an average of value of the resistance” should be amended to recite “wherein an average value of a resistance” for grammatical reasons and for antecedent purposes.
Claim 112 Ln.3: the clause “comprises an NTC, a PTC” should be amended to recite “comprises a negative temperature coefficient (NTC) thermistor, a positive temperature coefficient (PTC) thermistor” for clarity purposes (i.e., neither claim 103 nor claim 112 outlines what NTC and PTC stands for, and claim 112 fails to claim what kind of NTC and PTC component the second thermal sensor element can be).
Claim 113 Lns.1-2: the Office believes that the clause “the second thermally activated switch element” should be amended to recite “a second thermal sensor element” for antecedent and clarity purposes. It is believed that the subject matter of claim 113 is supposed to be directed to the structure shown in figure 13 of Applicant’s figures and as explained in paragraph [0116] (see US PG-Pub version of Applicant’s specification) in which Applicant is attempting to claim the thermistor “1322” that is in series with the thermal switch “1304” and the thermal switch “1304” being in parallel with the thermal sensor element “1302”. The Office also reminds Applicant that there should be consistency between the claim nomenclature and nomenclature used in the specification. As currently presented, it is unclear as to what the “second thermally activated switch element” of claim 113 is supposed to be because the claim nomenclature is not parallel with that of the nomenclature used in the specification.
Claim 114 Ln.2: it is believed that the clause “as a current passes through” should be amended to recite “as the current passes through” since it is believed that the current is in reference to the current claimed in claim 103.
Claim 114 Ln.3: the clause “trip to an open configuration when” should be amended to recite “trip to the open configuration when” for antecedent reasons (i.e., claim 103 provides the antecedent basis for the open configuration).
Claim 114 Lns.4-5: the clause “from the open condition once” should be amended to recite “from the open configuration once” for consistent claim nomenclature.
Claim 115 Ln.7: the clause “which a signal is conveyed by the TCO” should be amended to recite “which the signal is conveyed by the TCO” for antecedent reasons (i.e., the preamble of the claim provides the antecedent basis for the limitation).
Claim 115 Ln.8: the clause “the thermally activated switch has” should be amended to recite “the thermally activated switch element has” for consistent claim nomenclature.
Claim 121 Ln.1: it is believed that the clause “wherein the thermal switching device comprises” should be amended to recite “wherein the TCO comprises” for antecedent reasons (i.e., neither claim 115 nor claim 121 provides the antecedent basis for a “thermal switching device”) and since it is believed that the claim was intended to refer to the TCO. The Office asks that Applicant review the clause and to make the appropriate amendments.
Claim 121 Ln.2: it is believed that there is an unintentional additional space between the clauses “sensor element” and “in parallel”. The Office requests Applicant view the clause to see if there is an unintentional space.
Claim 122 Ln.2: it is believed that there is an unintentional additional spacing between the clauses “the second thermal sensor element” and “to cause”.
Due to the outstanding number and severity of the informalities outlined above, 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.
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.
(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.
Claims 115-116 and 118-120 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tada (US 20210066016) (of record, cited in the IDS).
Regarding claim 115, Tada discloses (Figs.3A and 4-6B):
A thermal cutoff element (TCO) (3) configured to provide a signal to an electrical thermal control device (25), the TCO comprising: a thermally activated switch element (4), and a thermal sensor element (5) in parallel (See Fig.5B) with the thermally activated switch element (4) and in electrical and mechanical connection (See Figs.5A-B) with the thermally activated switch element (5); wherein the thermally activated switch element (4) has a first operating condition (See Fig.4A) in which a signal is conveyed by the TCO (3) to the electrical thermal control device (25) comprises a voltage status signal ([0034] and [0036]), and the thermally activated switch (4) has a second operating condition (See Fig.6A) in which circuitry (See Fig.3A) of the electrical thermal control device (25) determines a temperature of a portion of a device (6) being thermally controlled based at least in part on a measured resistance of the thermal sensor element (5) (Figs.3A-4 and 6A-B, [0034]-[0035], [0037], [0041]: 25 monitors temperature based on at least a part of a measured resistance of 5).
Regarding claim 116, Tada further discloses:
Wherein the thermal sensor element (5) comprises a negative temperature coefficient thermistor (NTC), a positive temperature coefficient thermistor (PTC) ([0043]), a silistor, or a thermal temperature sensor.
Regarding claim 118, Tada further discloses:
Wherein the thermally activated switch element (4) is automatically resettable ([0039]).
Regarding claim 119, Tada further discloses:
Wherein the thermally activated switch element (4) comprises a bimetallic dome-shaped switch element (7).
Regarding claim 120, Tada further discloses:
Wherein the circuitry (See Fig.3A) is configured to generate a status signal based on the determined temperature ([0034]-[0037]: the status signals are based on whether a threshold temperature has been exceeded or not), wherein the status signal initiates a response by the electrical thermal control device (25) to perform an action, and wherein the response associated with the determined temperature initiates a warning alarm to an operator ([0034]-[0037]: as outlined in paragraph [0036], 25 can determine that a signal has been interrupted and can send that information to a user that the threshold temperature has been exceeded as a warning alarm).
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, 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 103-108, 110-111, and 117 are rejected under 35 U.S.C. 103 as being unpatentable over Tada (US 20210066016) (of record, cited in the IDS).
Regarding claim 103, Tada discloses (Figs.3A and 4-6B):
A temperature-sensitive connector (See Fig.4), comprising: a connector body (27) comprising a first terminal (T1) configured to mechanically and electrically connect with a thermally controlled electrical component (6) and a second terminal (T2) configured to mechanically and electrically connect with an electrical thermal control device (25) (First Terminal Mechanically and Electrically connected to Thermally Controlled Electrical Component and Second Terminal Mechanically and Electrically connected to Electrical Thermal Control Device: See Figs.4-5A); at least one conductor ([0032]: "The connector 24 (e.g., the connector body 27) can comprise an electrical conductor") within the connector body (27) and connected to the first (T1) and second (T2) terminals and configured to convey electrical current and electrical signals between the thermally controlled electrical component (6) and the electrical thermal control device (25) (At Least One Conductor to Convey Electrical Current and Electrical Signals between Thermally Controlled Electrical Component and Electrical Thermal Control Device: See Fig.4, [0020]-[0021], [0027], and [0036]-[0037]); and a thermal switching device (3) within the connector body (27) mechanically and electrically connected (See Fig.4) by the conductor to the first (T1) and second (T2) terminals, the thermal switching device (3) comprising a thermally activated switch element (4) connected mechanically and electrically in parallel (See Fig.5B) by a pair of internal conductors (See Fig.5B: internal terminals shown on 4) to a thermal sensor element (5) having a variable resistance ([0043]); wherein the thermal switching device (3) has a normal operating configuration (See Fig.5A) in which a majority of the current flows through the thermally activated switch element (4) (Fig.5A, [0034], and [0036]: in the normal operating configuration, a majority of the current will flow through 4), thereby generating normal status signal indicating that the thermally controlled electrical component (6) is operating within a predetermined temperature range (Generating Normal Status Signal to indicate that the Thermally Controlled Electrical Component is operating within a Predetermined Temperature Range: [0034] and [0036]); and wherein the thermal switching device (3) has a fault condition (Fig.6A) triggered at a predetermined threshold temperature ([0039]) in which the thermally activated switch element (4) switches to an open configuration (See Fig.6A), thereby generating a first thermal alert status signal that the threshold temperature has been exceeded (First Thermal Alert Status Signal that the Threshold Temperature has been Exceeded: [0037]), and in which the current flows through the thermal sensor element (5) (Current Flowing Through Thermal Sensor Element: See Fig.6B).
However, the above embodiment of Tada does not disclose:
Generating a second thermal alert status signal indicative of a temperature of the thermally controlled electrical component.
Tada however presents a second embodiment that teaches (Fig.1):
Generating a thermal alert status signal indicative of a temperature of the thermally controlled electrical component (6) (Generating Thermal Alert Status Signal indicating Temperature of the Thermally Controlled Electrical Component: See Fig.1 and [0021]).
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 second embodiment of Tada to modify the primary embodiment of Tada such that it has one or more temperature sensors that are provided on the thermally controlled electrical component so that a second thermal alert status signal that is indicative of a temperature of the thermally controlled electrical component can be generated, as claimed, in order to further improve the overall circuit monitoring and protection means due to the increased number of components that can monitor the temperature of the thermally controlled electrical component.
Regarding claim 104, Tada further discloses:
Wherein the temperature-sensitive connector (See Fig.4) is configured to be attached to circuitry (See Fig.3A) configured to implement interventions based at least in part on the generated normal thermal status signal ([0034] and [0036]) and the first thermal alert status signal ([0037]) (Circuitry Configured to Implement Interventions Based on Generated Normal Thermal Status Signal and First Thermal Alert Status: [0034]-[0037]: based on the generated normal thermal status signal and the first thermal alert status signal, 25 can determine whether or not to start the interruption/intervention process in the circuitry).
However, Tada does not disclose:
Wherein the temperature-sensitive connector is configured to be attached to circuitry configured to implement interventions based at least in part on the second thermal alert status signals.
However, the secondary embodiment of Tada further teaches:
Circuitry (See Fig.1) configured to implement interventions based at least in part on the thermal alert status signals ([0021]) (Intervention Based on Thermal Alert Status Signals: See Fig.1 and [0021]- based on the signals sent from 21 to 25, 25 can activate an intervention within the circuit).
Therefore, 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 Tada to further modify the device of modified Tada such that when the second thermal alert status is implemented into the device of Tada, as modified in claim 103 above, the temperature-sensitive connector is configured to be attached to circuitry that is configured to implement interventions based at least in part on the generated normal thermal status signal, the first thermal alert status signal, and the second thermal alert status signals, as claimed, in order to achieve the improved circuit monitoring and protection means as outlined in claim 103 above.
Regarding claim 105, Tada further discloses1:
Wherein the intervention associated with the determined temperature initiates a response by the thermally controlled electrical component (6) to perform an action, wherein the action comprises disconnecting the thermally controlled electrical component (6) from a power source (2) (See Fig.3A and [0036]-[0037]: one of the interventions is based on a threshold temperature being exceeded in which 6 responds by disconnecting “some or all of the cells 2 in the battery pack 6” so that 6 can be disconnected from 2).
Regarding claim 106, Tada further discloses:
Wherein the thermally activated switch element (4) comprises at least one of a thermal cutoff (TCO) ([0039]) and a bimetal thermal cutoff (TCO) ([0043]).
Regarding claim 107, Tada further discloses:
Wherein the thermal sensor element (5) comprises a thermistor ([0042]: 5 is explicitly called a PTC resistor which is a thermistor), and wherein the thermistor comprises at least one of a ceramic positive temperature coefficient thermistor (PTC) ([0043]), ceramic negative temperature coefficient thermistor (NTC), polymeric PTC ([0043]), and silicon silistor.
Regarding claim 108, the second embodiment of Tada further teaches:
A thermal sensing device (21), wherein the thermal sensing device (21) comprises two or more terminals (Fig.1 and [0021]: terminals of 21 connected to 6 and 25 will define the "two or more terminals") and a second thermal sensor element ([0021]: the thermistor element of 21 will define the "second thermal sensor element").
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 Tada to further modify Tada such that it has a thermal sensing device that comprises two or more terminals and a second thermal sensor element and to arrange the second thermal sensor element such that it is not electrically connected to the thermal switching device in order to further optimize the overall circuit monitoring and protection means (i.e., by having the thermal sensing element not be electrically connected to the thermal switching device, the thermally controlled electrical component can be monitored independently and thus providing a more optimized means of monitoring).
Regarding claim 110, modified Tada does not teach:
Wherein the thermally activated switch element is manually resettable.
Tada however presents a third embodiment that teaches:
Wherein the thermally activated switch element is manually resettable ([0038]: "In other embodiments, the switch 4 can be manually resettable").
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 Tada to further modify the device of modified Tada such that the thermally activated switch element is manually resettable, as claimed, in order to allow a user to fully inspect the thermally controlled electrical component as taught by Tada ([0038]) and thus allowing ensuring that a user desired thermally controlled electrical component is being utilized.
Regarding claim 111, Tada further discloses:
Wherein the thermally activated switch element (4) is automatically resettable ([0039]).
Regarding claim 117, the relied upon embodiment of Tada does not disclose:
Wherein the thermally activated switch element is manually resettable.
Tada however presents a second embodiment that teaches:
Wherein the thermally activated switch element is manually resettable ([0038]: "In other embodiments, the switch 4 can be manually resettable").
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 Tada such that the thermally activated switch element is manually resettable, as claimed, in order to allow a user to fully inspect the device as taught by Tada ([0038]) and thus allowing ensuring that a user desired device is being utilized.
Claims 112-114 are rejected under 35 U.S.C. 103 as being unpatentable over Tada (US 20210066016) (of record, cited in the IDS) as applied to claim 103 above, and further in view of Bogdanski (DE 3818070).
Regarding claim 112, modified Tada does not teach:
Wherein the thermal switching device comprises a second thermal sensor element in parallel with the thermally activated switch element, wherein the second thermal sensor element comprises an NTC, a PTC, a silistor, or a thermal temperature sensor.
Bogdanski however teaches (Fig.2):
A thermal sensor element (3) in parallel (See Fig.2) with the thermally activated switch element (2), wherein the thermal sensor element (3) comprises an NTC ([0012]), a PTC, a silistor, or a thermal temperature sensor.
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 Bogdanski to further modify the device of modified Tada such that the thermal switching device incorporates the thermal sensor taught by Bogdanski so that it defines a second thermal sensor that is in parallel with the thermally activated switch element, and the second thermal sensor element comprises an NTC, a PTC, a silistor, or a thermal temperature sensor, as claimed, in order to provide an improved means of heating the thermally activated switch element as taught by Bogdanski ([0015]-[0016]).
Regarding claim 113, modified Tada does not teach:
Wherein the second thermally activated switch element is electrically connected to the thermally activated switch element in series.
Tada, however, outlines another embodiment that teaches:
The thermally activated switch element that can be combined with a various combination of PTCs, thermal cutoffs, and/or thermal fuses in parallel or in series ([0039]).
It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to utilize the additional embodiment outlined by Tada to further modify the device of modified Tada such that it has a second thermally activated switch element is electrically connected to the thermally activated switch element in series, as claimed, in order to further optimize the circuit protection means due to the increased number of thermally activated switch elements being utilized to protect the circuit.
Regarding claim 114, Tada further discloses:
The thermally activated switch element (4) to trip to an open configuration (See Fig.6A) when the temperature exceeds a characteristic threshold (Thermally Activated Switch Element to Trip to the Open Configuration when the Temperature Exceeds a Characteristic Threshold: [0039], [0041], and [0046]) and switches to a closed condition (See Fig.5A) from the open condition (See Fig.6A) once the temperature falls below a reset threshold (Reset Threshold: [0039] and [0048]).
However, Tada does not disclose:
See next page→
Wherein the second thermal sensor element generates heat as a current passes through the second thermal sensor element to cause the thermally activated switch element to trip to an open configuration when the temperature exceeds a characteristic threshold and switches to a closed condition from the open condition once the temperature falls below a reset threshold.
Bogdanski, however, further teaches:
Wherein the thermal sensor element (3) generates heat as a current passes through the thermal sensor element (3) to cause the thermally activated switch element (2) to trip to an open configuration (Fig.2: the shown open position of 2) when the temperature exceeds a characteristic threshold ([0015]: 3 will generate heat as current passes through 3, and the heat generated by 3 will radiate to 2 to move 2 to an open configuration when the temperature exceeds a characteristic threshold) and switches to a closed condition (See Fig.2: closed position of 2) from the open condition once the temperature falls below a reset threshold ([0015]-[0016]: once temperature falls back blow certain temperature, and thus a reset threshold, both 2 and 3 will cool down and allow 2 to close back down to a closed condition to reset the switch).
It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to further utilize the above teaching of Bogdanski to further modify the device of modified Tada such that when the thermal sensor element is incorporated into the thermal switching device to define the second thermal sensor element, as modified in claim 112 above, the second thermal sensor generates heat as current passes through the second thermal sensor element to cause the thermally activated switch element to trip to the open configuration when the temperature exceeds the characteristic threshold and switches to the closed condition from the open condition once the temperature falls below the reset threshold, as claimed, in order to achieve the improved heating means as outlined in claim 112 above.
Claims 121-123 are rejected under 35 U.S.C. 103 as being unpatentable over Tada (US 20210066016) (of record, cited in the IDS) in view of Bogdanski (DE 3818070).
Regarding claim 121, Tada does not disclose:
Wherein the thermal switching device comprises a second thermal sensor element in parallel with the thermally activated switch element, and wherein the second thermal sensor element is electrically connected to the thermal sensor element in series.
Bogdanski however teaches (Fig.2):
A second thermal sensor element (3) in parallel (See Fig.2) with the thermally activated switch element (2), and wherein the second thermal sensor (3) element is electrically connected to the thermal sensor element (4) in series (See Fig.2).
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 Bogdanski to modify the device of Tada such that the thermal switching device comprises a second thermal sensor element that is in parallel with the thermally activated switch element, and such that the second thermal sensor element is electrically connected to the thermal sensor element in series, as claimed, in order to provide an improved means of heating the thermally activated switch element as taught by Bogdanski ([0015]-[0016]).
Regarding claim 122, Tada further discloses:
The thermally activated switch element (4) to trip to an open configuration (See Fig.6A) when the temperature exceeds a characteristic threshold (Thermally Activated Switch Element to Trip to the Open Configuration when the Temperature Exceeds a Characteristic Threshold: [0039], [0041], and [0046]) and switches to a closed condition (See Fig.5A) from the open condition (See Fig.6A) once the temperature falls below a reset threshold (Reset Threshold: [0039] and [0048]).
However, Tada does not disclose:
Wherein the second thermal sensor element generates heat as a current passes through the second thermal sensor element to cause the thermally activated switch element to trip to an open configuration when the temperature exceeds a characteristic threshold and switches to a closed condition from the open condition once the temperature falls below a reset threshold.
Bogdanski, however, further teaches:
Wherein the second thermal sensor element (3) generates heat as a current passes through the second thermal sensor element (3) to cause the thermally activated switch element (2) to trip to an open configuration (Fig.2: the shown open position of 2) when the temperature exceeds a characteristic threshold ([0015]: 3 will generate heat as current passes through 3, and the heat generated by 3 will radiate to 2 to move 2 to an open configuration when the temperature exceeds a characteristic threshold) and switches to a closed condition (See Fig.2: closed position of 2) from the open condition once the temperature falls below a reset threshold ([0015]-[0016]: once temperature falls back blow certain temperature, and thus a reset threshold, both 2 and 3 will cool down and allow 2 to close back down to a closed condition to reset the switch).
It would have been obvious to one of ordinary skill in the pertinent arts before the effective filing date of the claimed invention to further utilize the above teaching of Bogdanski to further modify the device of modified Tada such that when the second thermal sensor element is incorporated to the device, as modified in claim 121 above, the second thermal sensor generates heat as current passes through the second thermal sensor element to cause the thermally activated switch element to trip to the open configuration when the temperature exceeds the characteristic threshold and switches to the closed condition from the open condition once the temperature falls below the reset threshold, as claimed, in order to achieve the improved heating means as outlined in claim 121 above.
Regarding claim 123, Bogdanski further teaches:
Wherein the second thermal sensor element (3) comprises a negative temperature coefficient thermistor (NTC) ([0012]), a positive temperature coefficient thermistor (PTC), a silistor, or a thermal temperature sensor.
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 Bogdanski to further modify the device of modified Tada such that the second thermal sensor element comprises a negative temperature coefficient thermistor (NTC), as claimed, in order to achieve the improved actuating means as outlined in claim 121 above.
Allowable Subject Matter
Claim 109 is 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 the obviation of the objections outlined above.
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 103 and 108-109, and at least in part, because claim 109 recites the limitations:
(Claim 109): “wherein the second thermal sensor element of the thermal sensing device comprises an NTC, wherein the thermal sensing device comprises at least two terminals for conducting current and two electrically independent terminals for voltage measurement, and wherein an average of value of the resistance of the thermal switching device and a resistance of the NTC is configured to calculate the temperature of the temperature-sensitive connector”.
The aforementioned limitations, in combination with all remaining limitations of respective claim 109, are believed to render the combined subject matter of claims 103 and 108-109, and all claims depending therefrom allowable over the prior art of record, taken either alone or in combination, subject to the obviation of the objections outlined above.
The remaining prior art references teach other switching elements that are known in the art. However, none of the remaining prior art references are believed to teach and/or suggest the aforementioned allowable limitations as respectively recited in claim 109. Therefore, none of the prior art references, taken alone or in combination, are believed to render the claimed invention unpatentable as claimed.
Furthermore, all of the Office actions provided in the Global Dossier also state that similar subject matter as that of claim 109 of the instant application is believed to be in condition for allowance over the prior art references. Therefore, claim 109 is believed to be in condition for allowance for the same reasons as those outlined in the Office actions provided by the Global Dossier.
Finally, the Office has not identified any double patenting issues. For all of the reasons outlined above, claim 109 is believed to be in condition for allowance, subject to the obviation of the objections outlined above.
See next page→
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20190393696: teaches a thermal protection switch for a battery pack that also has a battery management system.
US 20150229011: teaches a thermal protection switch for a battery pack that also has a battery management system.
WO 2005036579: teaches a bimetal switch element that is connected in series with a heater and a PTC element that is connected parallel to the bimetal switch.
US 5371646: teaches an NTC thermistor that is connected in parallel within a circuit.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
See next page→
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/STEPHEN S SUL/Primary Examiner, Art Unit 2841
1 Examiner’s Note: as defined in paragraph [0080] of Applicant’s specification (see US PG-Pub version of Applicant’s specification), the power source can be a battery cell which is a part of the thermally controlled electrical component 102. Therefore, the broadest reasonable interpretation also allows for the battery pack (6) of Tada to be called the “thermally controlled electrical component” and the battery cell (2) of Tada to be called the “power source”.
Prosecution Insights