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                  COMMISSIONER'S DECISION

 

Obviousness: Terminals for electrical wires.

 

The end of electrical wires are heated to form a molten ball. These are pear-shaped

nodules formed by the combined effect of surface tension and gravity upon the nodule.

The nodules can then be shaped to form easily-attached connectors. Claim 1, which

was directed to the pear-shaped nodule, was refused in view of the cited references,

common general knowledge and the physical phenomena involved inn forming such a

shape. A claim directed to the novel practical application of the invention,

which includes the step of deforming the solidified, pear-shaped nodule, to provide

a shaped free-ended terminal on the end of the conductor, was found allowable.

 

Final Action: Affirmed.

 

                            ********************

 

This decision deals faith a request for review by the Commissioner of Pat-

ents of the Examiner's Final Action dated March 29, 1976, on application

171,595 (Class 26-134). The application was filed on May 11, 1973, in

the name of Gideon A. DuRocher et al, and is entitled "Terminating and

Splicing Electrical Conductors." The Patent Appeal Board conducted a

Hearing on November 16, 1977, at which Mr. D.N. Deeth represented the

applicant.

 

The application is directed to preparing terminals at the end of electrical

wires. The end of the wire is heated to form a molten mass, which is a pear-

shaped nodule at the end of the wire due to the combined effect of surface

tension and gravity upon the droplet . The terminal can also be shaped to

form connectors, so the wire can be easily attached to terminals. Figures

1 and 10 shown below illustrate the invention:

 

                       (See formula 1)

 

In the Final Action the examiner refused claims 1 to 14 and 18 to 21 for

failing to define patentable subject matter over the following United States

references:

 

3,684,474             Aug. 15, 1972           Chisholm

3,561,084             Feb. 9, 1971            Sims

3,397,451            Aug. 20, 1968            Avedissian et al

 

Each of the cited references discloses the method of obtaining a nodule of

metal on the end of a wire by holding a wire with its longitudinal axis

vertical, heating the lower end of the wire until it melts and forms a nodule

having a diameter greater than that of the wire, and removing the source of

heat before the molten nodule drops from the end of the wire. Upon cooling,

there will remain at the end of the wire a solidified bulbous nodule.

 

We note however, that the Chisholm reference was overcome by the presentation

of a certified copy of the applicant's corresponding United States application,

thereby establishing an effective filing date of May 18, 1972.

 

In the Final Action the examiner had this to say (in part):

 

In claim 1 applicant refers to the combined action of the forces

of gravity and surface tension. These forces and their influence

have not been discussed in the references. However, they are

natural forces acting upon the molten portion of the wire. Whether

described or not, the forces are present and will shape the metal

immediately upon melting. The shape of the nodule will,in all

cases, be determined by the surface tension and density of the

molten metal and the shape of the nodule will be that of a teardrop

just prior to necking in and detachment from the wire. The failure

of the references to illustrate this shape accurately cannot be

readily explained. However, it is noted that a draftsman would

use a compass to draw such a shape and may take greater or lesser care

in attempting to depict a teardrop shape. It is apparent in figure

1 of the Sims patent that more care has been taken to make an

accurate representation of the shape than in the other two refer-

ences. Even applicant's drawings are somewhat inaccurate in

their representation of the shape in that they show (in figures

1, 19, 22, 23, 24 and 26) a hemispherical lower portion while, in

fact no portion of a teardrop is truly spherical and there is not

a proper illustration of the reverse-curved upper portion which

is characteristic of teardrop shapes.

 

Since the references teach the steps of heating the end of a

wire to form a molten nodule having a diameter greater than that

of the wire, and, in the absence of any teaching of any means

to prevent the formation of a natural teardrop shape, the

nodules formed by this method will have a teardrop shape.

 

In addition to that which is taught in the cited references,

applicant has included in claim 1 a description of that which

naturally occurs in the method. This does not lend any patentable

distinction to the claim. The additional definition of claims

2, 7 and 20 is readily apparent in each of the cited references

which anticipate claims 1, 2, 7 and 20.

 

The use of an oxygen atmosphere or an inert atmosphere as de-

fined in claims 3, 4 and 21 is commonly known in the art and as

such does not lend any patentable distinction to the claims.

Similarly to perform the method on multi-strand conductors as in

claims 5 and 6 is not an inventive improvenent over the use of the

method of the prior art on single-conductor wires. The use of an

electric arc to melt wire as in claims 8 to 11 is commonly known in

the art. All of the abovementioned features are known to those skilled

in the art and it is to be expected of one skilled in the art to

employ such techniques. Further, as employed by applicant they

do not provide any unexpected beneficial result upon which to pre-

dicate an assertion of patentable ingenuity and novelty. Claims

3 to 6, 8 to 11 and 21 are rejected for failure to define any

patentable improvement beyond common knowledge and expected skill

as applied to each of the cited references.

 

...

 

In response to the Final Action the applicant made mirror amendments to claims

1 and 2, and presented tho following arguments:

 

...

 

One particular advantage of the invention is that with this

method, the pear-shaped nodule, as illustrated in figure 1, or

figure 31 or figure 32, merges smoothly into the bared or unmelted

part of the conductor. This avoids any sharp or abrupt angles in

the termination, which are liable to failure under stress, as sharp

or abrupt angles tend to concentrate lines of stress in the area

of the sharp angle. This feature is also discussed at page 10 of

the application, lines 14 to 25.

 

In an interview granted by the Examiner to the applicant's represent-

ative, a point was discussed as to whether the method set out in

the claims would give the desired results with all metals. It

should first be pointed out that the novelty of the invention does

not reside in the nature of the metal used. The invention is a novel

procedure which can give advantageous terminations. The nature of

the metal used is not of the essence of the invention. The applicants

have used various metals, and have not found any metal to be

inappropriate for use with the method of the invention. With the

amendments proposed above, the claim has been clarified by stating

that the metal is normally solid at room temperature.

 

...

 

There is no disclosure in Sims or Avedissian that a pear-shaped nodule

may be formed by continuing the heating beyond an initial stage as

required by claim 1. Thus, the ball 19 and body 14 temporarily

formed in Avedissian and Sims have a spherical shape, as shown

on the enclosed sample of white-covered wire. If ,contrary

to the teachings of Avedissian and Sims, the ball ends obtained

temporarily were used as a termination, such spherical termina-

tion would exhibit an abrupt angle between the ball or body and

the unmelted part of the wire. This gives rise to problems and

disadvantages of stress concentration at the abruptly angled parts,

leading to a termination of reduced strength.

 

In Sims, the body 14 is flattened into bonding contact with the

filament 10 and filament post 12,and is then severed from its

wire 16. In Avedissian, the ball 19 is flattened into bonding

contact with a wafer 12. There is no suggestion in Sims or

Avedissian of deforming the solidified end of the conductor so as

to provide a free-ended terminal, such as the terminals of applicants

Figures 4 to 18, as required by applicants claim 2.

 

Accordingly, applicant considers that the invention as claimed in

claim 1 and its dependent claims provides an advantageous and

ingenious solution to the problem of providing a termination on

the end of a conductor. This solution is not described or suggested

in any of the applied references.

 

The question to be considered is whether or not the claims in question are

directed to a patentable advance in the art. Amended claim 1 reads as follows:

 

A method of terminating an end of at least one metallic, electrical

conductor which is normally solid at room temperature comprising

holding said conductor in a position such that its said end lies

in a substantially vertical plane with its free end lowermost;

heating said conductor from its free end to a temperature at which

the metal at said free end becomes molten,continuing said heating

of said conductor for a period of time such that a nodule is formed

and continuing heating until the combined forces of gravity and

surface tension shape the molten metal nodule into an enlarged, pear-

shaped molten mass suspended from said conductor; discontinuing the

 heating of said conductor prior to time that the force of

gravity acting on said molten mass causes the latter to separate

from said conductor; any solidifying said molten mass, thereby form-

ing an enlarged, pear-shaped nodule at the free end of said conductor.

 

At the Hearing Mr. Deeth argued that claim 1, the only independent claim, is

directed to patentable subject matter.

 

We observe that it is a known procedure to heat an end of a metal wire to

form a bulbous shaped portion (nodule) on the end of the wire. The cited

patent (Avedissian) uses a flame to heat the lower end of a wire (e. g. gold)

which "forms a ball" or nodule on the end of the wire. Figure 5 of that

patent is shown below.

 

                (See formula 1)

Sims (U.S. patent 3,561,084) also heats a gold wire to form a nodule. In

both of these references heat is applied to form a nodule on the end of a

wire.The size and shape of the nodule is dependent upon the amount of heat

and other factors which we,will now discuss.

 

In considering surface tension it is known that the shape of any collection

of molecules in the liquid state is a sphere if the collection is located in

a gravity-free space. In other words a liquid will, because of the existence

of surface tension, assume the shape for which its area is minimum, namely,

a sphere. On the other hand if we consider liquids in a gravitational field,

such as the earth, the weight of a liquid acts in addition to the surface

tension force. On this point we quote from "Elementary Classical Physics"

by R.T. Weidner, at page 445:

 

For a sphere of radius r, the effects of surface tension are

proportional to the surface area 4nr2, but: the weight, pro-

portional to the mass of liquid, is proportional to its volume,

~nr3. Thus, the weight varies as r2, whereas the forces of

surface tension vary as r2. As the radius or size of the drop

of liquid increases, the weight becomes increasingly more

significant than surface tension....

 

It is clear from this that any nodule, as it increases in size, will be de-

formed from its original and essentially spherical shape by gravitational

force. We do not have pictorial views of a copper wire being heated as in

the present application, but we do have a series of high-speed photographs of

successive stages in the formation of a drop of milk at the end of a vertical

tube ("College Physics" by F.W. Scars - Addison - Wesley Publishing Company,

Inc. Reading Massachusetts U.S.A., page 258);

 

                                <IMG>

 

We realize that in the above photos we are dealing with two different sub-

stances. It is knohn, however, that the magnitude of the surface stress

depends upon tho nature of the liquid and the material composing the wall.

We do observe from the photos what takes place when gravity becomes more

significant than surface. tension. The applicant should not be permitted to

claim, per se, any of these naturally known occurring shapes.

 

At the Hearing Mr. Deeth stressed the importance of a "pear-shaped" end

which has a fillet of at the junction of the wire and the enlarged end. This

is advantageous both to the applicant and to Avedissian. They both disclose

nodules having diameters greater than the diameter of the wire. The shape of

nodules actually produced will depend on the size and weight of the nodules.

In all three disclosures (the application and the cited art) the wires are held

vertically and the lower end is heated until a nodule is formed. Since the

basic steps are the same, the product must be essentially the same. Any

variations will depend upon the kind of metal, its density, surface tension,

wetability and rate and duration of the application of treat to the wire. Once

heat is applied and a molten nodule starts to form, its development follows

the well known sequence in the formulation of teardrops. By stopping the

application of heat at any particular moment one can attain a nodule having

any of the shapes through which a developing teardrop progresses.

 

The applicant stressed the need of a fillet to reduce stress, but both

references disclose such fillets and in the development of teardrops such

fillets will naturally occur. In any event the applicant does not show

such fillets in his drawings.

 

We turn now to a consideration of the claims. Claims 15, 16 and 17 were not

refused in the Final Action.

 

Claim 1 is essentially directed to orienting a metal wire vertically, heating

the lower end of the wire, and stopping the heating step wren a nodule of the

desired shape is attained. We believe that such steps are not directed to

patentable subject matter when one considers the references, common general

knowledge, and the physical phenomina discussed previously. The applicant did

not discover the claimed shape; he merely observed that he could get that

shape, one which suited his purpose. The prior workers in this field would

at some point however, achieve the same result. We believe that this claim

should be refused.

 

Claim 2, which depends on 1, was amended in response to the Final Action. It

is now directed to the novel practical application of the invention, which

includes the step of deforming the solidified, pear-shaped nodule, to provide

a shaped free-ended terminal on the end of the conductor. This claim should be

re-written and presented as new claim 1.

 

Claims 3 to 14 and 18 to 21, which depend directly or indirectly on claim 1,

are directed to variations such as the application and type of heating, make up of

the wire and the use of different metals. These claims do not add any patentable

features to refused claim 1 and should not be allowed. These claims, however,

would be found allowable if made dependent on new claim 1.

 

In summary, we recommend that the decision in the Final Action to refuse

claims 1 to 14 and 18 to 21 be affirmed, but that amended claim 2 be accepted

when presented in appropriate form as new claim 1.

 

J.F. Hughes

Assistant Chairman

Patent Appeal Board, Canada

 

I have reviewed the prosecution of this application and concur with the

recommendation of the Patent Appeal Board. Accordingly, I refuse to grant

a patent on claims 1 to 14 and 18 to 21, but I will accept amended claim 2

when presented in an appropriate amendment as new claim 1. The applicant

has sit months to submit an appropriate amendment, or to appeal my

decision under the provision of Section 44 of the Patent Act.

 

J.H.A. Gariepy

Commissioner of Patents

 

Agent for Applicant

 

Ridout & Maybee

111 Richmond St. W.

Toronto, Ontario

 

Dated at Hull, Quebec

this 20th. day of December, 1977

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