Ex parte Kondou

• Decision Date: 13 May 2019
• Docket Number: 604,Application 14/003,Appeal 2017-008574
• Parties: Ex parte TAKAYA KONDOU, MASANORI ONUMA, and YOSHITAKA ITO Technology Center 2800
• Court: Patent Trial and Appeal Board

Ex parte TAKAYA KONDOU, MASANORI ONUMA, and YOSHITAKA ITO Technology Center 2800

Appeal 2017-008574

Application 14/003, 604^[1]

United States Patent and Trademark Office, Patent Trial and Appeal Board

May 13, 2019

FILING DATE: 09/23/2013

Before JOSEPH L. DIXON, JAMES W. DEJMEK, and STEPHEN E. BELISLE Administrative Patent Judges.

DECISION ON APPEAL

DEJMEK, ADMINISTRATIVE PATENT JUDGE.

Appellants appeal under 35 U.S.C. § 134(a) from a Final Rejection of claims 1-5. Oral arguments were heard on April 18, 2019. A transcript of the hearing will be placed in the record in due course. We have jurisdiction over the pending claims under 35 U.S.C. § 6(b).

We reverse.

STATEMENT OF THE CASE

Introduction

Appellants' disclosed and claimed invention generally relates to a crimping terminal. Spec. ¶¶ 1, 7. Figure 2 is illustrative and is reproduced below:

(Image Omitted)

Figure 2 illustrates an embodiment of a crimping terminal. Spec ¶ 13. As shown, crimping terminal (10) comprises an electrical connection portion (11), which would electrically connect with a mating terminal (not shown); a conductor crimping portion (12); and a sheath crimping portion (15). Spec. ¶ 15. Conductor crimping portion (12) further comprises a pair of conductor crimping tabs (14) and a bottom plate (13). Spec. ¶ 19. Arrayed on the inner surfaces (13a, 14a) of the conductor crimping portion (12) are a plurality of cylindrical recesses (i.e., serrations) (16). Spec. ¶¶ 19-20. According to the Specification, as part of a wire conductor is crimped into the crimping terminal the edges of the plurality of recesses (located on inner surfaces 13a and 14a) "tears an oxide coating of the surface of the conductor" such that the wire conductor is in electrical contact with the inner surface of the recesses (16) and "the electrical connection resistance decreases." Spec. ¶ 24.

Regarding the arrangement of the recesses (16) on the inner surfaces (13a, 14a) of the conductor crimping portion (12), Figure 8 is illustrative and is reproduced below:

(Image Omitted)

Figure 8 illustrates an expanded view of the conductor crimping portion (12B). Spec. ¶ 13. As shown, "recesses arrayed in the X direction may be deviated from each other and partly overlap each other in the Y direction when seen from the X direction." Spec. ¶ 38. Appellants assert Figure 8 also illustrates the recesses "partly overlap each other when seen from the widthwise direction Y." App. Br. 6 (citing Spec. ¶ 33).

Claim 1 is representative of the subject matter on appeal and is reproduced below with the disputed limitations emphasized in italics:

1. A crimping terminal comprising:

a conductor crimping portion including a bottom plate and a pair of conductor crimping tabs, the conductor crimping tabs being formed extending from both sides of the bottom plate in a widthwise direction perpendicular to a lengthwise direction of the crimping terminal and being configured to crimp a conductor of an electrical cable so as to wrap the conductor, the conductor being formed by a bundle of wires and serving as a crimping subject disposed on the bottom plate along the lengthwise direction, an inner surface of the conductor crimping portion being provided with serrations including a plurality of uniformly cylindrical recesses, with a diameter smaller than a diameter of the wire of the conductor,

wherein, in the plurality of recesses, adjacent recesses deviated from each other in the widthwise direction of the crimping terminal partly overlap each other when seen from the lengthwise direction,

wherein, in the plurality of recesses, adjacent recesses deviated from each other in the lengthwise direction of the crimping terminal partly overlap each other when seen from the widthwise direction.

The Examiner's Rejection

Claims 1-5 stand rejected under pre-AIA 35 U.S.C. § 103(a) as being unpatentable over Ono et al. (US 2011/0009014 A1; Jan. 13, 2011) ("Ono") and Sawada et al. (JP 55-108192; pub. Aug. 19, 1980) ("Sawada"). Final Act. 2-6.

ANALYSIS^[2]

In rejecting the pending claims, the Examiner relies on the combined teachings and suggestions of Ono and Sawada. Final Act. 2-6. We begin our analysis with a brief review of these references.

Ono describes a terminal connector that may be crimped onto a conductor of an exposed wire. Ono ¶¶ 1, 11. Figure 2 of Ono is illustrative and is reproduced below:

(Image Omitted)

Figure 2 of Ono illustrates the disclosed terminal connector. Ono ¶ 18. Ono describes the terminal connector (12) as comprising a connection portion (17); a wire barrel (16) which corresponds to a wire crimping portion; and an insulation barrel (15), which is crimped to surround the outer periphery of the wire insulation of an electrical wire. Ono ¶¶ 38-39. Ono describes the inner surface of the wire barrel (16) as further comprising a plurality of recesses (18), wherein the rims (i.e., edges) of the recesses, when crimped, "bite into" the wire conductor. Ono ¶¶ 43-45, 61.

Figure 3 of Ono is illustrative of the arrangement of the plurality of recesses (18) located on the inner surface of the wire barrel and is reproduced below:

(Image Omitted)

Figure 3 of Ono illustrates an enlarged plan view of wire barrel (16) before being crimped onto an electrical wire. Ono ¶ 41. Ono describes the recesses (18) are arranged in a crossing direction (as shown by arrow B) and an extending direction (as shown by arrow A) wherein the "crossing direction crosses to the extending direction at any angle suitable for [the] intended application." Ono ¶ 44.

Sawada also relates to a terminal connector comprising a crimping section. Sawada, Title, 3.^[3] Figure 1 of Sawada is illustrative and is reproduced below:

(Image Omitted)

Figure 1 of Sawada illustrates an embodiment of the disclosed crimping terminal comprising a male contact part (1), a conductor crimping (Sawada refers to this as "sandwiching") part (2), and a cable crimping part (3). Sawada 6. Disposed on the inner surface of the conductor crimping part (2) are a plurality of recesses (4). Sawada 6.

In relevant part, the Examiner finds Ono teaches a crimping terminal comprising a conductor crimping portion wherein an inner surface of the conductor crimping portion is provided with serrations including a plurality of recesses "wherein, in the plurality of recesses, adjacent recesses deviated from each other in the widthwise direction of the crimping terminal partly overlap each other when seen from the lengthwise direction," as recited in claim 1. Final Act. 2-3. The Examiner notes that the recesses of Ono are not described as "cylindrical" and that Ono does not describe the recesses are arranged such that "adjacent recesses deviated from each other in the lengthwise direction of the crimping terminal partly overlap each other when seen from the widthwise direction." Final Act. 3. However, the Examiner finds Figure 1 of Sawada discloses cylindrical recesses arranged such that adjacent recesses in the lengthwise direction of the crimping terminal partly overlap when viewed from the widthwise direction. Final Act. 3. The Examiner concludes it would have been obvious to one of ordinary skill in the art to substitute the cylindrical recess shape taught by Sawada for the quadrangle-shaped recesses of Ono (i.e., substituting "one known recess shape for another") and further arrange the recesses of Ono such that-in addition to adjacent recesses in the widthwise direction overlapping when viewed from the lengthwise direction-adjacent recesses in the lengthwise direction overlap when viewed from the widthwise direction, as taught by Sawada, to use more area of the crimping portion for crimping the wire conductor with the recesses and "ensuring a consistent crimping connection." Final Act. 3-4.

Appellants' arguments generally relate to the Examiner's proposed modification of Ono to further include the cylindrical recesses and recess density (i.e., such that the recesses also overlap when viewed from a widthwise direction in addition to overlapping when viewed from a lengthwise direction) as taught by Sawada. App. Br. 9-13; Reply Br. 4-8. In particular. Appellants argue Ono teaches away from the Examiner's proposed modification of packing more recesses into the crimping portion because Ono describes that further decreasing the distance between recesses is not preferable. App. Br. 9-10 (citing Ono ¶¶ 66, 69). Additionally, Appellants argue Ono teaches away from the Examiner's proposed modification of Ono's quadrangular recesses with the cylindrical recesses of Sawada because the only shapes of recesses described in Ono are quadrangular. App. Br. 11-12 (citing Ono ¶¶ 42, 62, 64, 77, 78, Fig. 4); Reply Br. 6-7. Moreover, Appellants assert that changing the shape of Ono's recesses from quadrangular to cylindrical would result in a decrease holding force of the terminal to the wire. App. Br. 12.

Relatedly, Appellants argue that modifying the shape of Ono's recesses from quadrangular to cylindrical would frustrate the purpose of Ono and render Ono unsatisfactory for its intended purpose. App. Br. 10-11; Reply Br. 4-6. In particular. Appellants argue Ono's recesses are restricted to a quadrangular shape because (i) this is how Ono provides pressed recesses that still "bite" into the wire, and (ii) quadrangular recesses increase the total area of the core wire into which the edges "bite." App. Br. 10-11; Reply Br. 4-6. Appellants argue modifying the quadrangular recesses to be cylindrical reduces the total area of wire into which the edges "bite." App. Br. 11; Reply Br. 6.

Further Appellants acknowledge Ono may disclose recesses that overlap in the widthwise direction when viewed from the lengthwise direction and that Sawada may disclose recesses that...