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 .
Examiner Comments
The Examiner has cited particular columns and line numbers, paragraphs, or figures in the reference(s) as applied to the claims for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the Applicant, in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Claim Rejections - 35 USC § 103
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 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.
Claim 1 are rejected under 35 U.S.C. 103 as being unpatentable over Anzai et al. (JP 2007-060319 A) in view of Bahr et al. (US 2020/0212881 A1).
As per claim 1, Anzai et al. (JP 2007-060319 A) discloses a vibrator device (e.g., 1 - see, inter alia, Figs 1(a), (b)). comprising: a base (e.g., 3); a semiconductor element (e.g., 10) mounted on the base (3) (e.g., see, inter alia, Fig. 1(b); page 4, lines 17-19; page 5, lines 22-23 of the attached English translation of Anzai et al. (JP 2007-060319 A)); a vibrator (e.g., 21 - see, inter alia, Fig. 1(b); page 3, lines 10, 14, 25; page 4, line 1, etc., of the attached English translation of Anzai et al. (JP 2007-060319 A)) mounted on the semiconductor element (e.g., 10) via an adhesive (e.g., 45 - see, inter alia, Fig. 1(b); page 4, line 38, etc., of the attached English translation of Anzai et al. (JP 2007-060319 A)); a first coupling wire (e.g., 5 and/or 6 - see Fig. 1(b)) formed on the base (e.g., 3); a first bump (e.g. 7) electrically coupling the semiconductor element (e.g., 10) and the first coupling wire (e.g., 5 and/or 6); a first wire (e.g., including at least 25; see also, inter alia, page 4, lines 27-31 of the attached English translation of Anzai et al. (JP 2007-060319 A)) electrically coupling the first coupling wire (e.g., 5 and/or 6) and the vibrator (e.g., 21); and a mold portion (e.g., 41) placed on the base (e.g., 3) and covering the semiconductor element (e.g., 10), wherein an external output terminal (e.g., 4) is formed on the base (e.g., 3), the semiconductor element (e.g., 10) is electrically coupled to the external output terminal (4), the vibrator (e.g., 21) has a first excitation electrode (e.g., see p. 4, ll. 23-31), and the first coupling wire (e.g., 5, 6) and the first excitation electrode (e.g., see p. 4, ll. 23-31) are electrically coupled via the first wire (e.g., 25) - note the electrical connections (including external output terminal (4), are routed to/from semiconductor element (IC component (10)) and ultimately through extra large-diameter conductor post (31) to quartz crystal oscillator (21) (and its components including quartz vibrating element (23)).
As per claim 1, however, Anzai et al. (JP 2007-060319 A) remains silent with regard to wherein the mold portion additionally covers the vibrator.
Such mold portions covering vibrators of the type disclosed by Anzai et al. (JP 2007-060319 A), are well-known and ubiquitous in the art.
As just one example, Bahr et al. (US 2020/0212881 A1) disclose an analogous vibrator (e.g., 110, 116), in the same field of endeavor as Anzai et al. (JP 2007-060319 A), wherein as per claims 1 and 5, Bahr et al. (US 2020/0212881 A1) discloses providing a mold portion (e.g., 750) - see Figs. 7, 8) that covers the vibrator (e.g., 110, 116).
Given the express teachings as evidenced by Bahr et al. (US 2020/0212881 A1), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to provide a mold portion that additionally covers the vibrator of Anzai et al. (JP 2007-060319 A), as disclosed by Bahr et al. (US 2020/0212881 A1), in order to advantageously encapsulate and provide mechanical protection and prevent corrosion due to environmental moisture, contaminants, etc., thus minimizing corrosion of the electrical components of the vibrator, as is well-known, established and appreciated in the art, as evidenced by Bahr et al. (US 2020/0212881 A1).
In an obviousness analysis, it is not necessary to find precise disclosure directed to the specific subject matter claimed because inferences and creative steps that a person of ordinary skill in the art would employ can be taken into account. See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007). In this regard, "[a] person of ordinary skill is also a person of ordinary creativity, not an automaton." Id. at 421.
As the U.S. Supreme Court has stated, obviousness requires an "expansive and flexible" approach that asks whether the claimed improvement is more than a "predictable variation" of "prior art elements according to their established functions." KSR, 550 U.S. at 415, 417.
Response to Arguments
Applicant's arguments filed February 6, 2026 have been fully considered but they are not persuasive.
Regarding claim 1, the Applicant opines, "Claim 1 is amended with certain limitations of allowable claim 2. Claim 2 is amended. Claim 1 now requires 'an external output terminal is formed on the base, the semiconductor element is electrically coupled to the external output terminal, the vibrator has a first excitation electrode, and the first coupling wire and the first excitation electrode are electrically coupled via the first wire.' These features are not disclosed in the cited references." See p. 7 of the Response filed on February 6, 2026.
The Examiner disagrees. As per amended claim 1, Anzai et al. (JP 2007-060319 A) is seen to disclose such features as follows: an external output terminal (e.g., 4) is formed on the base (e.g., 3), the semiconductor element (e.g., 10) is electrically coupled to the external output terminal (4), the vibrator (e.g., 21) has a first excitation electrode (e.g., see p. 4, ll. 23-31), and the first coupling wire (e.g., 5, 6) and the first excitation electrode (e.g., see p. 4, ll. 23-31) are electrically coupled via the first wire (e.g., 25) - note the electrical connections (including external output terminal (4), are routed to/from semiconductor element (IC component (10)) and ultimately through extra large-diameter conductor post (31) to quartz crystal oscillator (21) (and its components including quartz vibrating element (23)). Thus, claim 1 remains rejected under 35 U.S.C. 103 as being unpatentable over Anzai et al. (JP 2007-060319 A) in view of Bahr et al. (US 2020/0212881 A1).
Regarding claim 5, the Examiner concurs with the Applicant's comments at pp. 7-8 of the Response filed on February 6, 2026. Claim 5 is tentatively considered allowable over the art of record.
Allowable Subject Matter
Claims 2-4 are tentatively objected to as being dependent upon a rejected base claim, but, pending an updated search, amendments or arguments presented by the Applicant and considered by the Examiner in reply to this office communication, would be favorably considered if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 5 is tentatively considered allowable over the art of record, pending an updated search, amendments or arguments presented by the Applicant and considered by the Examiner in reply to this office communication.
Conclusion
THIS ACTION IS MADE FINAL. 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 William J Klimowicz whose telephone number is (571)272-7577. The examiner can normally be reached Monday-Thursday, 8:00AM-6PM, ET.
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/WILLIAM J KLIMOWICZ/Primary Examiner, Art Unit 2688