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 .
This action is in response to the communication filed 6/22/2026.
Applicant is reminded that any claim amendments must be clearly indicated. In Claim 1, the Examiner previously noted that the phrase “top surface” had changed to “top sur face.” Applicant has remedied that issue, but applicant has done so without indicating any amendment. All amendments must be indicated consistent with the requirements of the MPEP.
Response to Arguments
Applicant's arguments filed 6/22/2026 have been fully considered but they are not persuasive.
With regard to the arguments on pages 9-15 directed towards OTA et al. (OTA) (US 2021/0181241),
Applicant argues that each of the first, second, third, and fourth areas are not restricted to include all of the MR elements along the Ry direction, but the Examiner respectfully disagrees. Nothing in the claims defines the first through fourth areas. While applicant does claim, for example, that the first area includes all of the magnetoresistive elements existing on the element layer area “that are within a width of the first area along the first reference direction,” it does not define what the first area itself is or must include. Meaning, the first area can be defined as a portion of the overall element layout area similar to how applicant is interpreting it. That first area can be the same exact area previously noted in the rejection, as it is an area that is part of the element layout area. Once defined, all of the elements within that first area can be said to be part of the first area, including in the width direction as claimed. The fundamental issue here is that there is nothing in the claim that specifically defines what the first area is or must be. As such, any area that is a portion of the element layout area can be selected, and once done, all elements within this portion will be within this portion, including in the width direction. While the Examiner acknowledges the intent for all elements in a specific section of the chip of the disclosure to be selected, and then stated to be part of an designated area, the claims do not reasonably capture this concept. The issue here is not whether the element layout area includes all elements, but rather the issue is what the first through fourth areas must be. Here, the first area can be defined such that it does not include all elements in any particular column, but that it still includes “all” the elements within the area itself once it has been established as seen below.
Applicant then argues that when the claims are interpreted in the manner that applicant desires, the prior art does not disclose specific elements nearest different sides as claimed, and that the figures are unclear as to whether they show the entire MR elements. The Examiner respectfully notes that the figures may be relied upon for what they show, regardless of whether that is intended or not (MPEP 2125), and that there is no requirement that the first through fourth areas include all elements at the very least. They must only include those elements that are stated to be part of the areas after they areas are defined.
Applicant then argues the benefits of the slanted upper and lower boundaries, but the Examiner respectfully notes that the prior art has similarly defined areas, and that such benefit arguments are not respectfully not pertinent to a rejection under 35 U.S.C. 102.
Applicant then argues that arrangement of the areas of their respective centers of gravity, but the Examiner respectfully notes such that features are disclosed in OTA.
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As seen above, there are four areas, the first area being part of YZ1, the second area being part of YZ4, the third area being part of YZ3, and the fourth area being part YZ2. These areas are spaced in the same manner as disclosed by applicant, with similar centers of gravity displaced in a similar manner. The prior art therefore meets the claim features, and the Examiner respectfully disagrees.
Applicant argues that OTA cannot be interpreted to include the new claim language because OTA does not show the entire of the magnetoresistive elements 21 and 31, but the Examiner respectfully disagrees. The issue here is that at applicant is claiming “areas” and “sections” of magnetoresistive elements without any limit, and the defines those element within each area or section to be in positional relationships as claimed. In light of applicant’s disclosure, applicant is selecting specific groups of elements and designating them as sections or areas of elements, and the prior art is therefore being interpreted in a similar manner. Because there is no restriction on how the sections or areas must be selected, groups of elements can be selected to meet the claim requirements, and where elements in these groups (areas/sections) are positioned in the manner claimed. For example, as argued, the claims do not require that all elements in any row be selected, such as all elements of magnetoresistive elements 21 and 31. Instead, applicant requires elements within the designated areas to be nearest a third side, as applicant expressly claims “in the first area, all of the plurality of first magnetoresistive elements are arranged in a plurality rows.” As such, any reference to rows for the first elements pertain to those “in the first area.” But, the first area is not required to include every possible element for any vertically extending column/row in any figure.
That stated, the Examiner further respectfully notes the figures may still be relied upon for all that they disclose, and it is reasonable to conclude that either those elements shown in Figures 11A-14 are all elements, of that more exist but that are the same as shown, just with more extending upwards/downwards. In that case, the exact same areas can be selected as shown, just extended up/down as necessary. As such, the Examiner respectfully disagrees.
Information Disclosure Statement
The information disclosure statement filed 3/10/2026 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Applicant has provided an English translation of the NPL Japanese Office Action listed on the IDS, but applicant has not provided the actual office action. Because applicant lists the office action itself for consideration, this document is not considered as it has not been provided.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4, 6-9, 11, and 13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
As to Claim 1,
The phrase “a first detection circuit detecting a specific component of the target magnetic field, the first detection circuit including a first resistor, a second resistor, a third resistor, and a fourth resistor; a second detection circuit detecting another specific component of the target magnetic field, the first detection circuit including a fifth resistor, a sixth resistor, a seventh resistor, and an eighth resistor” on lines 6-11 introduces new matter.
Applicant has already claims a plurality of magnetoresistive elements on line 3, and further how these elements relate to the plurality of structural bodies on lines 4-5. As best understood, these magnetoresistive elements include the resistors of the detection circuits, and it is these elements that are the features of the disclosure that detect the components of the magnetic field, as explained in paragraph [0063], for example. However, the above detection circuits and their first through eighth resistors are completely distinctly recited from the prior recited magnetoresistive elements, and thus are being recited as distinct resistors that are in addition to those already claimed. The original disclosure does not originally disclose a plurality of magnetoresistive elements in addition to the eight resistors claimed above, especially given that the recitation of a plurality of magnetoresistive elements reasonably includes all such elements, and thus all such resistors in the disclosure. The above combination of a plurality of magnetoresistive elements and the above first and second detection circuits with their respective first through eighth resistors introduces new matter.
As to Claims 2-4, 6-9, 11, and 13,
These claims stand rejected for incorporating and reciting the above rejected subject matter of their respective parent claim(s) and therefore stand rejected for the same reasons.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4, 6-9, 11, and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to Claim 1,
The phrase “a first detection circuit detecting a specific component of the target magnetic field, the first detection circuit including a first resistor, a second resistor, a third resistor, and a fourth resistor; a second detection circuit detecting another specific component of the target magnetic field, the first detection circuit including a fifth resistor, a sixth resistor, a seventh resistor, and an eighth resistor” on lines 6-11 is indefinite.
Applicant has already claims a plurality of magnetoresistive elements on line 3, and further how these elements relate to the plurality of structural bodies on lines 4-5. As best understood, these magnetoresistive elements include the resistors of the detection circuits, and it is these elements that are the features of the disclosure that detect the components of the magnetic field, as explained in paragraph [0063], for example. However, the above detection circuits and their first through eighth resistors are completely distinctly recited from the prior recited magnetoresistive elements, and thus are being recited as distinct resistors that are in addition to those already claimed. The original disclosure does not originally disclose a plurality of magnetoresistive elements in addition to the eight resistors claimed above, especially given that the recitation of a plurality of magnetoresistive elements reasonably includes all such elements, and thus all such resistors in the disclosure. The above combination of a plurality of magnetoresistive elements and the above first and second detection circuits with their respective first through eighth resistors is therefore indefinite, because the relationship between the above magnetoresistive elements and the eight resistors are unclear, and it is unclear how many resistors / magnetoresistive elements are required in the claim. For the purpose of compact prosecution, the Examiner is interpreting that the above eight resistors are part of the magnetoresistive elements, as a best understood interpretation.
The phrase “magnetoresistive elements in the first area” on line 1 of the last paragraph of page 5 of the claims is indefinite. Reciting “magnetoresistive elements in the first area” does not reasonably refer back to any previous elements in that area, and thus can reasonably refer to distinct elements not already recited. However, the previously recited magnetoresistive elements reasonably includes all possible such elements, making it unclear what magnetoresistive elements the above phrase is referencing, and making the difference and relationship between the above phrase and the previously recited elements as unclear.
The phrases “a first specific magnetoresistive element” and “a second specific magnetoresistive element” in the second paragraph of page 6 are indefinite. Applicant is now distinctly recited these elements from the previously recited plurality of magnetoresistive elements, but where as best understood, they are not distinct from the previously recited plurality of magnetoresistive elements. The previously recited plurality of magnetoresistive elements reasonably includes all possible such elements, leaving no elements from the disclosure to be the above first and second specific magnetoresistive elements. As such, the difference and relationship between these recitations are unclear.
As to Claims 2-4, 6-9, 11, and 13,
These claims stand rejected for incorporating and reciting the above rejected subject matter of their respective parent claim(s) and therefore stand rejected for the same reasons.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 6-9, 11, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by OTA et al. (US 2021/0181241).
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As to Claim 1,
OTA discloses A magnetic sensor comprising: a chip (2) having a rectangular solid shape (see above figures / note the above noted chip must be a chip as the elements formed as part of it are formed using semiconductor manufacturing techniques, such as sputtering as mentioned in paragraph [0086]), (Paragraphs [0046],[0089]), (Figure 10A), a plurality of magnetoresistive elements (21,22,23,24,31,32,33,34) (Figures 10A-14), (Paragraphs [0111],[0112]); and a plurality of structural bodies (only those 2R,2L that include two or more magnetoresistive elements) each structured to cause the plurality of magnetoresistive elements to detect a target magnetic field (Figure 11B), (Paragraph [0113] / note that like applicant, placing the sensing elements at a specific angle will control what specific of a magnetic field they will detect, which is noted in Paragraph [0118] which explains that by orienting the magnetic sensing elements in the disclosed manner, a three axis magnetic field detection device can be implemented), a first detection circuit detecting a specific component of the target magnetic field, the first detection circuit including a first resistor (21), a second resistor (22), a third resistor (23), and a fourth resistor (24) (Figure 10B), (Paragraph [0111] / note that these resistors all detect a Y axis component regardless of direction); a second detection circuit detecting another specific component of the target magnetic field, the first detection circuit including a fifth resistor (31), a sixth resistor (32), a seventh resistor (33), and an eighth resistor (34) (Figure 10B), (Paragraph [0111] / note that these resistors all detect a Z axis component regardless of direction), each of the first and second detection circuits including: a power supply port (P3) (Paragraphs [0089],[0109]-[0112]), (Figures 7,10B); a ground port (P4) (Paragraphs [0089],[0109]-[0112]), (Figures 7,10B); a first output port (P1) (Paragraphs [0089],[0109]-[0112]), (Figures 7,10B); a second output port (P2) (Paragraphs [0089],[0109]-[0112]), (Figures 7,10B); the first resistor is provided between the power supply port and the first output port of the first detection circuit (Figures 7,10B), the second resistor is provided between the ground port and the first output port of the first detection circuit (Figures 7,10B), the third resistor is provided between the ground port and the second output port of the first detection circuit (Figures 7,10B), the fourth resistor is provided between the power supply port and the second output port of the first detection circuit (Figures 7,10B), the fifth resistor is provided between the power supply port and the first output port of the second detection circuit (Figures 7,10B), the sixth resistor is provided between the ground port and the first output port of the second detection circuit (Figures 7,10B), the seventh resistor is provided between the ground port and the second output port of the second detection circuit (Figures 7,10B), the eighth resistor is provided between the power supply port and the second output port of the second detection circuit (Figures 7,10B), wherein: the chip includes a top surface and a bottom surface that are positioned opposite to each other, a first side surface, a second side surface, a third side surface, and a fourth side surface that connect the top surface and the bottom surface (see above figures), (Figures 10A,11B / note the chip is a three dimensional object in a rectangular shape, and thus must include these features, and note 11B is cited to demonstrate that the chip has a top and bottom surface, where the top surface is the surface the MR elements are formed on), and an element layout area (see above figures) for laying out all of the plurality of magnetoresistive elements in the chip (Figure 10A / note the element layout area is defined as a rectangular area that includes all of the magnetoresistive elements in the chip, first note figures 2A,2B to see how the elements are in the chip); the first side surface and the second side surface are located at both ends of the chip in a first reference direction: the third side surface and the fourth side surface are located at both ends of the chip in a second reference direction orthogonal to the first reference direction (see above figures); the element layout area has a rectangular shape with a dimension in the first reference direction being greater than a dimension in the second reference direction and includes all of the plurality of magnetoresistive elements in the chip (see above figures / note that the element layout area is defined to be rectangular and to include all magnetoresistive elements), the element layout area includes a first area corresponding to the first resistor and the fifth resistor (see above figures), (Figure 11A), a second area corresponding to the second resistor and the sixth resistor (see above figures), (Figure 12), a third area corresponding to the third resistor and the seventh resistor (see above figures), (Figure 13), and a fourth area corresponding to the fourth resistor and the eighth resistor (see above figures), (Figure 14), (see above figures / note that one example area is shown for the first and fifth resistors, but that the same interpretation for these resistors is applied to the other three areas for the other resistors), (Figure 11A), (Paragraph [0113] / note each area and resistor includes resistors within the above noted section/area, such as MRL1 and MRR1), the first area includes all of the magnetoresistive elements existing on the element layout area along the second reference direction that are within a width of the first area along the first reference direction (see above figures / note that the first area is only requires to include all magnetoresistive elements “that are within a width of the first area along the first reference direction,” thus allowing the first area to be defined in any manner, including as seen above); the second area includes all of the magnetoresistive elements existing on the element layout area along the second reference direction that are within a width of the second area along the first reference direction (see above figures and note that the second area can be defined similarly to the first area); the third area includes all of the magnetoresistive elements existing on the element layout area along the second reference direction that are within a width of the third area along the first reference direction (see above figures and note that the second area can be defined similarly to the first area);; the fourth area includes all of the magnetoresistive elements existing on the element layout area along the second reference direction that are within a width of the fourth area along the first reference direction (see above figures and note that the second area can be defined similarly to the first area); the second area, the third area, the first area, and the fourth area are arranged in order along the first reference direction from the first side surface toward the second side surface of the chip (see above figures and note that the areas are side by side in the first reference direction starting with YZ1 and ending with YZ2); each of the first, second, third, and fourth areas is shaped so that a center of gravity of adjoining areas is displaced with each other along the second reference direction (see above figures / note that the centers of gravity for each area are displaced from each other in the same manner as applicant), magnetoresistive elements in the first area are arranged in a plurality of rows (see above figures / note the rows are in the up/down direction for each area), each row extending in the second reference direction between the third side surface and the fourth side surface of the chip (see above figures), and the plurality of rows arranged along the first reference direction (Figure 10A), (see above marked up figures / note the rows of elements within the areas such as YZ1 are being interpreted to extend from the top to the bottom of the chip for the purpose of compact prosecution); the plurality of rows include a first row disposed at position nearest to the first side surface of the chip and a second row adjoining the first row (see above figures) and the first row and the second row have a predetermined gap there-between, in the first reference direction (see above figures); the first row includes a first specific magnetoresistive element disposed at a position nearest to the third side surface of the chip in the first row, and the second row includes a second specific magnetoresistive element disposed nearest to the third side surface of the chip in the second row (see above figures / note the top element in each row is the respective first and second specific magnetoresistive element), each of the structural bodies extends such that, an acute angle that each of the structure bodies forms with respect to the second reference direction is larger than an acute angle that each of the structural bodies forms with respect to a first direction ( (Figure 11A), (see above figures), wherein the first direction is defined as follows: a center of gravity of the first specific magnetoresistive element as viewed in a direction perpendicular to the top surface of the chip is referred to as a first center of gravity (see above figures), a center of gravity of the second specific magnetoresistive element as viewed in the direction perpendicular to the top surface of the chip is referred to as a second center of gravity (see above figures), and a direction parallel to a direction from the first center of gravity to the second center of gravity is referred to as the first direction (see above figures).
(Note: Applicant does not place any limitation on how the first through fourth areas are defined, and in light of the disclosure, the above interpretation is reasonable because areas have been selected that reasonably encompass magnetoresistors in a similar manner as applicant.)
As to Claim 2,
OTA the first direction is a direction intersecting with each of the first reference direction and the second reference direction (see above figures / note that this direction will intersect both the first and second reference direction).
As to Claim 3,
OTA discloses an angle formed by the first reference direction and the first direction is an acute angle (see above figures / note that an angle between the first reference direction, which is in the left/right direction, and the first direction will be acute as the first direction forms an angle less than 90 degrees with respect to the first direction).
As to Claim 4,
OTA discloses the plurality of magnetoresistive elements are disposed such that two or more magnetoresistive elements are arranged along each of the plurality of structural bodies (Figures 10A,11A).
As to Claim 6,
OTA discloses wherein the plurality of structural bodies include a plurality of inclined surfaces each inclined relative to a reference plane parallel to the first reference direction and the second reference direction (Figures 10A,11A), (Paragraph [0113]).
As to Claim 7,
OTA discloses the plurality of magnetoresistive elements are disposed such that two or more magnetoresistive elements are arranged on each of the plurality of inclined surfaces (Figures 10A,11A / note only those structure bodies, and thus inclined surfaces, that include two or more magnetoresistive elements are considered the bodies or surfaces for the purpose of the claim language).
As to Claim 8,
OTA discloses a dimension of the element layout area in the first reference direction is greater than a dimension of the element layout area in the second reference direction (see above figures and note that like applicant, the element layout area of OTA is rectangular with the long dimension in the first reference direction).
As to Claim 9,
OTA discloses a dimension of each of the plurality of areas in the first reference direction is smaller than a dimension of each of the first area, the second area, the third area, and the fourth area in the first reference direction (see above figures and note that the dimension of each of the plurality of areas in the first reference direction (left/right direction) is smaller than a dimension in the second reference direction (up/down direction).
As to Claim 11,
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OTA discloses each of the plurality of structural bodies includes a first end portion (left end) and a second end portion (right end) located at both ends of the each structural body in a longitudinal direction and a third end portion (top end) and a fourth end portion (bottom end) located at both ends of the each structural body in a short direction (Note each element MRR1 and MRL1 as seen in Figure 11A, for example, has a top, bottom, left, and right end that can be said to be the above end portions), the plurality of areas include a first specific area and a second specific area (see above figures / note that the above areas are examples), a center of gravity of the first specific area and a center of gravity of the second specific area are displaced from each other by a gap between (1) a third end portion of one of two adjoining structural bodies of the plurality of structural bodies and (ii) a third end portion of the other of the two adjoining structural bodes in the second refence direction (Figures 10A, 11A, 11B / note that OTA discloses similarly inclined structures along a similar tilted angle with respect to the X axis as applicant, and therefore if applicant can state that such a feature is disclosed by applicant’s structures, then OTA can also reasonably be said to disclose such a feature, and because any two third end portions between adjoining structural bodies located above and below the first and second specific areas can be selected to meet the above claim limitation).
As to Claim 13,
OTA discloses wherein the first specific magnetoresistive element is positioned nearer to the third side surface of the chip than the second specific magnetoresistive element is positioned, in the second reference direction (see above figures / note the topmost element in the area including leftmost row is closer to the third side surface than the topmost element in the above defined area for the second row).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID M. SCHINDLER whose telephone number is (571)272-2112. The examiner can normally be reached 8am-4:30pm.
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, Lee Rodak can be reached at 571-270-5628. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID M. SCHINDLER
Primary Examiner
Art Unit 2858
/DAVID M SCHINDLER/Primary Examiner, Art Unit 2858
Prosecution Insights