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 .
Continued Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/07/2025 has been entered.
Status of the Claims
Claim 1 has been amended. Claims 2, 7, 9, 12, 16, and 18 are canceled. Claims 1, 3-6, 8, 10-11, 13-15, 17, and 19-20 are currently pending. Claims 3, 8, 10, 13, 17, and 19 were previously withdrawn. Claims 1, 4-6, 11, 14-15, and 20 are examined herein.
Status of the Rejection
All 35 U.S.C. § 103 rejections from the previous office action are withdrawn in view of the Applicant’s amendment.
New grounds of rejection under 35 U.S.C. § 103 are necessitated by the amendments as outlined below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 5-6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Sakakibara et al. (JP2015194479A, English translation) in view of Iwai et al. (JP2017187482A, English translation) and Toguchi et al. (JP2009080099A, English translation).
Regarding claim 1, a sensor element of a gas sensor (Sakakibara teaches a sensor element 101 of a gas sensor 100, Para. [0015 and 0018]), the sensor element comprising:
an element base being a ceramic structure including a sensing part to sense a gas component to be measured (Sakakibara teaches the sensor element base composed of ceramics such as zirconia including a sensing part [the measurement electrode 44] to sense a gas component such as NOx in a gas to be measured such as an exhaust gas of automobile, Figures 1 and 2, Para. [0018], [0019] and [0042]);
a leading-end protective layer being a porous layer disposed around an outer periphery of said element base in a predetermined range from an end portion on a side where said sensing part is disposed (Sakakibara teaches a leading-end protective layer porous protection part 90 [Para. 0060], disposed around an outer periphery of said element base in a predetermined range [from the front-end surface of the element 101 to a distance L] from an end portion [left-hand side in Fig. 2] on a side [e.g., upper side of element base] where said sensing part/measurement electrode 44 is disposed [Figures 1 and 2, Para. 0057-0058]. Furthermore, the examiner notes the distance L is based on a range in which the sensor element is exposed to the gas to be measured and thus the leading end protective layer 90 is on a side where said sensing part is disposed, i.e., they are both on the side in which they are exposed to a gas to be measured in the gas sensor [Para. 0058]),
a main surface protective layer being a porous layer and being disposed around an outer periphery of said element base (Sakakibara teaches a coating layer 24/main surface protective layer which is porous with a porosity of 10% to 60% and disposed around an outer periphery of said element base by covering the upper and lower surface of the sensor element 101, the coating layer 24 disposed on two main surfaces/upper and lower surfaces of said element base composed of coating layers 24a and 24b, wherein the coating layer 24a covers the upper surface of the sensor element 101 and the coating layer 24b covers the lower surface of the sensor element 101 [Para. 0056 and Figs. 1-2]), wherein
said main surface protective layer is inside said leading-end protective layer (Sakakibara teaches coating layer 24 is inside said leading-end protective layer porous protection part 90 and the porous protection portion 90 covers a part of the coating layer surfaces 24 [Para. 0056-0057 and Figs. 1-2]) and said leading-end protective layer (Sakakibara teaches a leading-end protective layer porous protection part 90 [Para. 0060]) includes:
a first leading-end protective layer disposed on two main surfaces of said element base (Sakakibara teaches a first leading-end protective coating layer including porous protective layers 91a to 91e formed to cover five of the six surfaces of the sensor element 101, including said two main surfaces (upper and lower surfaces) of the element base, Figure 1 and 2, Para. [0057]), wherein the first leading-end protective layer only covers a partial length of a whole length of said element base in a longitudinal direction of said element base (Sakakibara teaches the first leading-end protective layer including 91a and 91b only covers a partial length of said element base in a longitudinal direction of said element base, in the range of distance L in the longitudinal direction of the sensor element [Figure 1 and 2, Para. 0057].
Sakakibara fails to explicitly disclose 1) a second leading-end protective layer disposed to cover said end portion and four side surfaces of said element base including said two main surfaces on which said first leading-end protective layer is disposed and 2) a third leading-end protective layer disposed to cover said second leading-end protective layer,
Iwai teaches a sensor element 101 of a gas sensor 100 wherein the sensor element comprises a porous protective layer 90 with a three layer structure including 1) an inner protective layer 92 (equivalent to the first leading-end protective layer of this instant application) and 2) an outer protective layer 91 (equivalent to the third leading-end protective layer of instant application) disposed around an outer periphery of an element base of the sensor element in a predetermined range from an end portion (front end surface) on a side where sensing part is disposed, and 3) one intermediate protective layer between the outer protective layer 91 and the inner protective layer 92. Iwai discloses the protective layer 90, which includes the outer protective layer and the inner protective layer, may have 3 or more layers, and in this case the protective layer may have one intermediate protective layer [corresponding to a second leading-end protective layer] between the outer protective layer and the inner protective layer [Para. 0016, 0086-0087]. Thus, Iwai teaches the porous protective layer 90 having a structure of three layers [Para. 0086-0087 and 0016] with an intermediate layer/second leading end protective layer between the outer and inner protective layers, and which covers said end portion and four side surfaces of said element base including said two main surfaces on which inner/first leading-end protective layer is disposed [see e.g., Figs. 2-3]. The outer protective layer 91 covers the inner protective layer 92 (Para. [0060]). The outer protective layer 91/third leading-end protective layer has a porosity P1 of 10 – 60% (Para. [0012] and [0013]). The inner layer 92/first leading-end protective layer has a porosity P2 of 20 – 70% (Para. [0013]).
Sakakibara and Iwai are considered analogous art to the claimed invention because they are in the same field of sensor elements of gas sensors for measuring a concentration of NOx in a gas such as exhaust gas of an automobile ([0018] of Sakakibara and [0019] of Iwai). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the porous protective layer 90 in Sakakibara with the porous protective layer 90 including an inner protective layer 92 and an outer protective layer 91, and an intermediate protective layer between the outer protective layer 91 and inner protective layer 92, as taught in Iwai, since Iwai teaches this suitable configuration where the outermost protective layer 91 would retain moisture on its surface making it difficult for moisture to reach the inner protective layer and sensor element body, and this configuration improves temperature gradients and the water resistance of the main body of the sensor element (Para. [0008] of Iwai). Furthermore, the simple substitution of one known element for another (a porous protective layer comprising three layers for a porous protective layer comprising one layer) is likely to be obvious when predictable results are achieved (i.e., protective coverage of the sensor element 101) [MPEP 2143(I)(b)].
With the substituted porous protective layer 90, Modified Sakakibara teaches a third leading-end protective layer (the outermost protective layer 91 in Iwai) disposed to cover said second leading-end protective layer (the intermediate layer in Iwai), and a intermediate layer/second leading end protective layer between the outer and inner protective layers, and which covers said end portion and four side surfaces of said element base including said two main surfaces on which inner/first leading-end protective layer is disposed [see e.g., Figs. 2-3, Paras. 0016, 0086-0087 of Iwai showing the areas which the porous protective layer 90 covers, which include covering the end portion and four side surfaces of said element base including said two main surfaces on which inner/first leading-end protective layer is disposed, in a 3-layer structure].
Modified Sakakibara is silent to and having a lower porosity than said second leading-end protective layer.
However, Iwai teaches the outer protective layer has a porosity P1, and the ratio of P1/P2 [the porosity of the inner layer] is preferably 0.5 or less, as the smaller the ratio of P1/P2, the more easily the outer protective layer can sufficiently retain moisture and prevent the inner protective layer from becoming insufficiently insulating, thereby further improving the water resistance of the body [Para. 0014]. Thus, the outer protective layer/third protective layer should have a lower porosity in comparison to the inner layers in order to improve water resistance of the body.
Furthermore, in the third leading end protective layer, there are only three finite solutions: a lower porosity than said second-leading end protective layer, an equal porosity to said second-leading end protective layer, and a higher porosity than said second-leading end protective layer. Therefore, there is a finite number of identified, predictable solutions with a reasonable expectation of success. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try by choosing from the above finite number of identified solutions, which would lead to a third leading-end protective layer having a lower porosity than said second-leading end protective layer, especially given the teachings of Iwai regarding the outer protective layer/third protective layer having a lower porosity in comparison to the inner layer in order to improve water resistance of the body and sufficiently retain moisture and prevent the inner protective layer from becoming insufficiently insulating [Para. 0014 of Iwai]. Choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, is likely to be obvious to a person if ordinary skill in the art (see MPEP§ 2143[I][E]).
Modified Sakakibara is silent to said first leading-end protective layer has a porosity of 40% or more, and
As outlined in the rejection above, modified Sakakibara teaches the first leading-end protective layer (inner protective layer 92 in Iwai) having a porosity of 20 – 70% (Para. [0013] in Iwai), which overlaps with the claimed range of 40% or more.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have selected and utilized a porosity within the disclosed range, as taught by Iwai, including those amounts that overlap within the claimed range, since one of ordinary skill in the art would reasonably expect any value within the taught range to be suitable given that Iwai specifically teaches the range to be suitable for the porosity of the first leading-end protective layer for preventing heat insulation effects between the outermost layer and the element body (Para. [0013] of Iwai). It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I).
where L1, L2, and L3 are extension lengths of said first leading-end protective layer, said second leading-end protective layer, and said third leading-end protective layer, respectively, from an end surface of said element base in the longitudinal direction of said element base (The modification of Sakakibara by Iwai as outlined above yields extension lengths L1 of the first leading-end protective layer [the inner protective layer 92 in Iwai], L2 of the second leading-end protective layer [the intermediate protective layer between the inner and outer protective layers in Iwai] and L3 of the third leading-end protective layer [the outermost protective layer 91 in Iwai] from an end surface [the end surface wherein the gas inlet 10 is located as shown in Fig. 2 of Sakakibara corresponds to the claimed end surface] of said sensor element base 101 in a longitudinal/horizonal direction of said sensor element base 101, Figure 1 of Sakakibara and Figure 1 of Iwai).
Modified Sakakibara is silent to L1 ≥ L2 ≥ L3
Toguchi teaches a water-resistant gas sensor with a porous protective layer 5 comprising a 3-layer structure as seen in Fig. 9B [Abstract, Fig. 9 and Para. 0052]. The 3-layer structure of Toguchi has extension lengths of each layer where L1 ≥ L2 ≥ L3 in the longitudinal direction as seen in Fig. 9B, and specifically teaches the length L3 of the outermost/third leading-end protective layer is less than the length L2 of the middle/second leading-end protective layer and the length L2 of the middle/second leading-end protective layer is less than the length L1 of the inner/first leading-end protective layer (Figure 9b) and this configuration was shown to aid in reducing the occurrence of rates of cracks due to water exposure [Para. 0050, 0052, and 0055].
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the extension length L3 and L2 of the third protective layer and intermediate protective layer, respectively, in the longitudinal direction in modified Sakakibara to have the extension length L3 be less than the extension length L2 and have the extension length L2 be less than extension length L1 of the innermost protective layer, to satisfy the condition: L1> L2 > L3, as taught in Toguchi, since Toguchi teaches this is a suitable alternative design for protective layers in gas sensors [Fig. 9b in Toguchi] and this configuration was shown to aid in reducing the occurrence of rates of cracks due to water exposure [Para. 0050, 0052, and 0055]. Furthermore, the use of a known technique (i.e., shortening the third/outermost protective layer and the intermediate protective layer) to improve similar devices (gas sensors) in the same way is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143 [I][C]). Thus, modified Sakaibara teaches L1 ≥ L2 ≥ L3 wherein specifically the extension lengths of the protective layers satisfy the following condition: L1> L2 > L3.
Regarding claim 5, Modified Sakakibara is silent to wherein said first leading-end protective layer has a porosity of 40% to 60%.
As outlined in the rejection of claim 1 above, modified Sakakibara teaches the first leading-end protective layer (inner protective layer 92 in Iwai) having a porosity of 20 – 70% (Para. [0013] in Iwai), which overlaps with the claimed range of 40% to 60%.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have selected and utilized a porosity within the disclosed range, as taught by Iwai, including those amounts that overlap within the claimed range, since one of ordinary skill in the art would reasonably expect any value within the taught range to be suitable given that Iwai specifically teaches the range to be suitable for the porosity of the first leading-end protective layer for preventing heat insulation effects between the outermost layer and the element body (Para. [0013] of Iwai). It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I).
Regarding claim 6, the sensor element according to claim 1, wherein said third leading-end protective layer surrounds said element base of said sensor element at least in a prespecified range (Modified Sakakibara as outlined in the rejection of claim 1 above yields a third leading-end protective layer that surrounds said sensor element base of said sensor element 101 at least in a prespecified range), the limitation “where a temperature is at or above 500ºC at driving” is a functional recitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, Iwai teaches the above outer protective layer 91 [corresponding to the third leading end protective layer in modified Sakakibara] that is specifically configured to perform the functional limitations above (Iwai teaches the outer protective layer 91 that surrounds the element body, where a temperature is at 800 ºC, which is above 500ºC [Para. 0076 and Fig. 1 and 2 in Iwai]).
Regarding claim 15, the sensor element according to claim 5, wherein said third leading-end protective layer surrounds said element base of said sensor element at least in a prespecified range (Modified Sakakibara as outlined in the rejection of claim 5 above yields a third leading-end protective layer that surrounds said sensor element base of said sensor element 101 at least in a prespecified range), the limitation “where a temperature is at or above 500ºC at driving” is a functional recitation. Apparatus claims cover what a device is, not what a device does [MPEP 2114(II)]. A functional recitation of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. In the instant case, Iwai teaches the above outer protective layer 91 [corresponding to the third leading end protective layer in modified Sakakibara] that is specifically configured to perform the functional limitations above (Iwai teaches the outer protective layer 91 that surrounds the element body, where a temperature is at 800 ºC, which is above 500ºC [Para. 0076 and Fig. 1 and 2 in Iwai]).
Allowable Subject Matter
Claims 4, 11, 14, and 20 are 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 4 would be allowable for disclosing the following limitations: wherein said first leading-end protective layer has a thickness of 20 μm to 60 μm, said second leading-end protective layer has a porosity of 40% to 80%, and a thickness of 200 μm to 800 μm, and said third leading-end protective layer has a porosity of 10% to 35% and a thickness of 100 μm to 400 μm, with particular attention to the limitation “said second leading-end protective layer has a porosity of 40% to 80%, and a thickness of 200 μm to 800 μm”.
Sakakibara et al. (JP2015194479A, English translation) discloses a sensor element 101 of a gas sensor 100, [Para. 0015 and 0018] and a leading-end protective layer porous protection part 90 [Para. 0060], disposed around an outer periphery of said element base in a predetermined range [from the front-end surface of the element 101 to a distance L] from an end portion [left-hand side in Fig. 2] on a side [e.g., upper side of element base] where said sensing part/measurement electrode 44 is disposed [Figures 1 and 2, Para. 0057-0058]. Sakakibara teaches a coating layer 24/main surface protective layer which is porous with a porosity of 10% to 60% and disposed around an outer periphery of said element base by covering the upper and lower surface of the sensor element 101, the coating layer 24 disposed on two main surfaces/upper and lower surfaces of said element base composed of coating layers 24a and 24b, wherein the coating layer 24a covers the upper surface of the sensor element 101 and the coating layer 24b covers the lower surface of the sensor element 101 [Para. 0056 and Figs. 1-2], said coating layer 24 inside said leading-end protective layer porous protection part 90 and the porous protection portion 90 covers a part of the coating layer surfaces 24 [Para. 0056-0057 and Figs. 1-2]. Sakakibara teaches a first leading-end protective coating layer including porous protective layers 91a to 91e formed to cover five of the six surfaces of the sensor element 101, including said two main surfaces (upper and lower surfaces) of the element base, [Figure 1 and 2, Para. 0057], where the first leading-end protective layer including 91a and 91b only covers a partial length of said element base in a longitudinal direction of said element base, in the range of distance L in the longitudinal direction of the sensor element [Figure 1 and 2, Para. 0057]. However, Sakakibara fails to explicitly disclose a second leading-end protective layer disposed to cover said end portion and four side surfaces of said element base including said two main surfaces on which said first leading-end protective layer is disposed and a third leading-end protective layer disposed to cover said second leading-end protective layer. Furthermore, Sakakibara discloses the first protective leading-end protective coating layer has a thickness of 100 to 700 μm [Para. 0060]. Therefore, Sakakibara does not teach or suggest “said first leading-end protective layer has a thickness of 20 μm to 60 μm, said second leading-end protective layer has a porosity of 40% to 80%, and a thickness of 200 μm to 800 μm, and said third leading-end protective layer has a porosity of 10% to 35% and a thickness of 100 μm to 400 μm”, as required by claim 4.
Iwai et al. (JP2017187482A, English translation) teaches a sensor element 101 of a gas sensor 100 wherein the sensor element comprises a porous protective layer 90 with a three layer structure including 1) an inner protective layer 92 (equivalent to the first leading-end protective layer of this instant application) and 2) an outer protective layer 91 (equivalent to the third leading-end protective layer of instant application) disposed around an outer periphery of an element base of the sensor element in a predetermined range from an end portion (front end surface) on a side where sensing part is disposed, and 3) one intermediate protective layer between the outer protective layer and the inner protective layer. Iwai further teaches the protective layer 90 which includes the outer protective layer and the inner protective layer may have 3 or more layers, and in this case the protective layer may have one intermediate protective layer [corresponding to a second leading-end protective layer] between the outer protective layer and the inner protective layer [Para. 0016, 0086-0087]. Thus, Iwai teaches the porous protective layer 90 having a structure of three layers [Para. 0086-0087 and 0016] with an intermediate layer/second leading end protective layer between the outer and inner protective layers, and which covers said end portion and four side surfaces of said element base including said two main surfaces on which inner/first leading-end protective layer is disposed [see e.g., Figs. 2-3]. The outer protective layer 91 covers the inner protective layer 92 (Para. [0060]). The outer protective layer 91/third leading-end protective layer has a porosity P1 of 10 – 60% and a thickness T1 of T1 of 300 μm or less or a thickness T1 of 200 μm or less (Para. [0012] and [0013]), which overlaps the claimed ranges. The inner layer 92/first leading-end protective layer has a porosity P2 of 20 – 70% and a thickness T2 of 400 μm or less (Para. [0013]), which overlaps the claimed ranges. However, Iwai does not teach or suggest any porosity or thickness of the intermediate [second] protective layer. Therefore, Iwai does not disclose “said second leading-end protective layer has a porosity of 40% to 80%, and a thickness of 200 μm to 800 μm”, as required by claim 4.
Toguchi et al. (JP2009080099A, English translation) teaches a water-resistant gas sensor with a porous protective layer 5 comprising a 3-layer structure as seen in Fig. 9B [Abstract, Fig. 9 and Para. 0052]. The 3-layer structure of Toguchi has extension lengths of each layer where L1 ≥ L2 ≥ L3 in the longitudinal direction as seen in Fig. 9B, and specifically teaches the length L3 of the outermost/third leading-end protective layer is less than the length L2 of the middle/second leading-end protective layer and the length L2 of the middle/second leading-end protective layer is less than the length L1 of the inner/first leading-end protective layer (Figure 9b) and this configuration was shown to aid in reducing the occurrence of rates of cracks due to water exposure [Para. 0050, 0052, and 0055]. Toguchi discloses the porosity of the porous protective layer 5 is 20% or more [Para. 0030-0031] and thus each layer would have the same porosity of 20% or more, which teaches away from the limitations of the instant claim 1 regarding the third leading-end protective layer having a lower porosity than said second leading-end protective layer. Furthermore, Toguchi discloses the three-layer structure having a predetermined thickness t of 30 μm, which is the thickness measured at the thinnest portion in a cross-section perpendicular to the longitudinal direction, and this thickness includes the summation of all 3 layers’ thicknesses, as seen in Fig. 9B [Paras. 0051-0053 and Fig. 9B]. Therefore, Toguchi does not teach or suggest “said first leading-end protective layer has a thickness of 20 μm to 60 μm, said second leading-end protective layer has a porosity of 40% to 80%, and a thickness of 200 μm to 800 μm, and said third leading-end protective layer has a porosity of 10% to 35% and a thickness of 100 μm to 400 μm”, as required by claim 4.
Onkawa et al. (US20120211362A1) teaches a gas sensor element with a porous protection layer that surrounds at least the circumference of the one end portion of the element body, the porous protection layer having an inner region, an intermediate region and an outer region [Abstract and Fig. 3]. Onkawa discloses the porosity of the intermediate region 22 is set lower than those of the inner and outer layers 21 and 23, and the intermediate region 22 can be thus secured firmly to the inner and outer regions 21 and 23 [Para. 0048-0049], which teaches away from the limitations of the instant claim 1 regarding the third leading-end protective layer having a lower porosity than said second leading-end protective layer. Onkawa further discloses the thickness of the intermediate region 22 is preferably smaller than those of the inner and outer regions 21 and 23, so as to more properly secure the thermal insulation effect of the inner region 21 and the poisoning substance trapping/water penetrating effect of the outer region 23 in the porous protection layer 20 while improving the strength of adhesion between the inner and outer regions 21 and 23 by the intermediate region 22. More specifically, the thickness of the intermediate region 22 is preferably in the range of 20 to 80 μm [Para. 0057 and Figs. 3-4]. Therefore, Onkawa does not teach “said second leading-end protective layer has a porosity of 40% to 80%, and a thickness of 200 μm to 800 μm” in combination with “said first leading-end protective layer has a thickness of 20 μm to 60 μm” and “and said third leading-end protective layer has a porosity of 10% to 35% and a thickness of 100 μm to 400 μm, as required by claim 4.
Therefore claim 4 and further dependent claims 11, 14, and 20, would be allowable because the prior art whether taken individually or in combination would not disclose all of the cumulative limitations of claim 4.
Response to Arguments
Applicant's arguments, see Remarks Pg. 7, filed 04/07/2025, with respect to the 35 U.S.C. § 103 rejections have been fully considered and all 103 rejections from the previous office action are withdrawn.
Applicant’s Argument #1:
Applicant argues on page 7 that the main surface protective layer (e.g., 170) is provided between the element base and the leading-end protective layer comprising a 3-layer structure and is not disclosed or suggested by teachings of Sakakibara and Toguchi. Thus, it would not be obvious for the person skilled in the art to arrive at the claimed invention from the teachings of Sakakibara et al. in view of Iwai et al. and Toguchi et al.
Examiner’s Response #1:
Applicant’s arguments have been fully considered, but are moot in view of the new grounds of rejection. Upon consideration of the prior art and as outlined in the rejection of claim 1 above, modified Sakakibara yields a main surface protective layer [a coating layer 24 in Sakakibara] and a leading end protective layer comprising a 3-layer structure [the porous protective layer 90 with a three-layer structure in Iwai], therefore teaching all the amended features of the presently claimed sensor element and thus anticipate the claim or render the claim obvious in view of other cited references.
The examiner suggests applicant to further amend the independent claim 1 to further recite wherein the first leading-end protective layer is not provided on said end portion and four side surfaces of said element base [see e.g., Page 5, lines 1-5 and Page 12, lines 10-12 of the instant specification and Fig. 2].
Applicant’s Argument #2:
Applicant argues on page 7 that the pending dependent claims are allowable due to dependency of these claims from an allowable base claim.
Examiner’s Response #2:
Based on the above response #1, applicant’s arguments regarding the amended claim 1 are moot in view of the new grounds of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Horisaka et al. (US20110186431A1) teaches a NOx sensor 100 with a firing strain prevention layer 90 is formed on not only the surface F2 on the opposite side to the surface F1 on which the characteristic stabilizing layer 24 is formed, but also all the lateral surfaces of the NOx sensor 100 [Abstract, Figs. 2-3 and Para. 0064].
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/S.Y.O./Examiner, Art Unit 1794
/JAMES LIN/Supervisory Patent Examiner, Art Unit 1794