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 .
Election/Restrictions
Claim 8 remains withdrawn.
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.
Claim 3 is 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.
In order to provide clarity to the rejection of claim 3, the Examiner will first discuss relevant limitations recited in claim 1.
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Claim 1 requires
with respect to the second detection unit (Z1):
when a smaller thickness of a thickness of one of the plurality of second fixed electrode fingers in the third direction and a thickness of one of the plurality of second movable electrode fingers in the third direction is defined as TCA;
in a side view in the second direction in a stationary state, one end of one of the plurality of second movable electrode fingers (24) on a third direction (DR3) side is positioned on the third direction side by 4 pm or more and TCA/2 or less relative to one end of a corresponding one of the plurality of second fixed electrode fingers 14 on the third direction (DR3) side.
Accordingly, the third direction of claim 1 corresponds with the direction DR3 of the specification.
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Claim 3 requires
wherein with respect to the first detection unit (Z2):
when a smaller thickness of a thickness of one of the plurality of first fixed electrode fingers in the third direction and a thickness of one of the plurality of first movable electrode fingers in the third direction is defined as TCB,
in the side view in the second direction in the stationary state, one end of one of the plurality of first movable electrode fingers 64 on the third direction (DR3) side is positioned on the third direction (DR3) side by 4 pm or more and TCB/2 or less relative to one end of a corresponding one of the plurality of first fixed electrode fingers 54 on the third direction (DR3) side. If the third direction is upward, then this means that the top ends of the first movable electrode fingers 64 are higher than the top ends of the first fixed electrode fingers 54.
However, the original specification (see figs. 3 and 17 above) discloses that the third direction side of the movable electrodes 64 of the first detection unit Z2 are on the fourth direction (DR4) side with respect to the third direction end of the fixed electrode fingers 54 of the first detection unit Z2 (this means the top ends of fingers 64 are lower than the top ends of fingers 54 in the figures).
Accordingly, claim 3 directly contradicts the specification and contains new matter.
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, 3, 5-7 and 9 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.
Claim 1 recites (see pg. 6 on lines 6-8) “the first fixed electrode portion includes a pair of first comb-teeth-shaped fixed electrode groups, and each of the pair of first comb-teeth-shaped fixed electrode groups has a plurality of first fixed electrode fingers arranged in a comb-teeth shape,” meaning that there are two pluralities of first fixed electrode fingers.
Then claim 1 recites (pg. 6 lines 13-14) “the plurality of first fixed electrode fingers face the plurality of first movable electrode fingers in the second direction,” without clarifying which of the two pluralities of first fixed electrode fingers is being referred to.
Accordingly, it is unclear which of the pluralities is being referred to and the claim is indefinite.
Claim 1 recites (pg. 7 lines 5-8) “the third fixed electrode portion includes a pair of third comb-teeth-shaped fixed electrode groups, and each of the pair of third comb-teeth-shaped fixed electrode groups has a plurality of third fixed electrode fingers arranged in the comb-teeth shape,” which means there are two pluralities of third fixed electrode fingers.
Then claim 1 recites (pg. 7 lines 13-14) “the plurality of third fixed electrode fingers face the plurality of third movable electrode fingers in the second direction,” without clarifying which of the pluralities of third fixed electrode fingers is being referred do.
Accordingly, it is unclear which of the pluralities is referred to, which makes the claim even more indefinite.
Claim 1 recites
“when a smaller thickness of a thickness of one of the plurality of second fixed electrode fingers in the third direction and a thickness of one of the plurality of second movable electrode fingers in the third direction is defined as TCA…
when an opposite direction of the third direction is defined as a fourth direction, in the side view in the stationary state, a position of the other end of the one of the plurality of second movable electrode fingers on a fourth direction side matches a position of the other end of a corresponding one of the plurality of first fixed electrode fingers on the fourth direction side…
when a center line passing through a center of the second detection unit and extending in the first direction is defined as a virtual center line, the first detection unit, the second detection unit, and the third detection unit are arranged so as to be symmetrical with respect to the virtual center line.”
The temporal conditional term “when” makes the scope of the claim unclear. For example, it is unclear what the scope of the claim is
when a smaller thickness of a thickness of one of the plurality of second fixed electrode fingers in the third direction and a thickness of one of the plurality of second movable electrode fingers in the third direction is NOT defined as TCA, and/or
when an opposite direction of the third direction is NOT defined as a fourth direction, in the side view in the stationary state, a position of the other end of the one of the plurality of second movable electrode fingers on a fourth direction side matches a position of the other end of a corresponding one of the plurality of first fixed electrode fingers on the fourth direction side, and/or
when a center line passing through a center of the second detection unit and extending in the first direction is NOT defined as a virtual center line, the first detection unit, the second detection unit, and the third detection unit are arranged so as to be symmetrical with respect to the virtual center line.
The Examiner suggests the following changes:
“[[when]] a smaller thickness of a thickness of one of the plurality of second fixed electrode fingers in the third direction and a thickness of one of the plurality of second movable electrode fingers in the third direction is defined as TCA, such that[[;]]
in a side view in the second direction in a stationary state, one end of one of the plurality of second movable electrode fingers on a third direction side is positioned on the third direction side by 4 pm or more and TCA/2 or less relative to one end of a corresponding one of the plurality of second fixed electrode fingers on the third direction side; and
[[when]] an opposite direction of the third direction is defined as a fourth direction, in the side view in the stationary state, wherein a position of the other end of the one of the plurality of second movable electrode fingers on a fourth direction side matches a position of the other end of a corresponding one of the plurality of first fixed electrode fingers on the fourth direction side,
wherein a thickness pattern of the plurality of first movable electrode fingers of the first detection unit is different from a thickness pattern of the plurality of second movable electrode fingers of the second detection unit, and
[[when]] a center line passing through a center of the second detection unit and extending in the first direction is defined as a virtual center line, wherein the first detection unit, the second detection unit, and the third detection unit are arranged so as to be symmetrical with respect to the virtual center line.”
Claim 1 recites (see pg. 6 on lines 6-8) “the first fixed electrode portion includes a pair of first comb-teeth-shaped fixed electrode groups, and each of the pair of first comb-teeth-shaped fixed electrode groups has a plurality of first fixed electrode fingers arranged in a comb-teeth shape,” meaning that there are two pluralities of first fixed electrode fingers.
Then claim 1 recites (see the paragraph bridging pgs. 7-8) “when an opposite direction of the third direction is defined as a fourth direction, in the side view in the stationary state, a position of the other end of the one of the plurality of second movable electrode fingers on a fourth direction side matches a position of the other end of a corresponding one of the plurality of first fixed electrode fingers on the fourth direction side.”
The phrase “the other end of a corresponding one of the plurality of first fixed electrode fingers” lacks proper antecedent basis, making it unclear what other end of a corresponding one of the plurality of first fixed electrode fingers is being referred to.
Additionally, the paragraph bridging pgs. 7-8 does not clarify which of the two pluralities of first fixed electrode fingers is being referred to. Accordingly, it is unclear which of the pluralities is being referred to and the claim is indefinite.
The Examiner suggests the following amendment:
“a position of the other end of the one of the plurality of second movable electrode fingers on a fourth direction side matches a position of an end of a corresponding one of one of the pluralities of first fixed electrode fingers on the fourth direction side.”
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Claim 1 recites (pg. 6 on lines 2-3) “the common beam having first and second sides facing to each other along the first direction.”
As best understood by the Examiner, the common beam corresponds with the beam indicated in fig. 14 above. As shown in fig. 14, the first and second sides of the common beam in the first direction DR1 face away from each other, so it is unclear how they can face “to each other” along the first direction. For example, the front and back sides of a person do not face each other.
For the purpose of examination, it will be interpreted that the claimed sides face away from each other.
Claim 3 recites “when a smaller thickness of a thickness of one of the plurality of first fixed electrode fingers in the third direction and a thickness of one of the plurality of first movable electrode fingers in the third direction is defined as TCB.”
The temporal conditional term “when” makes the scope of the claim unclear for substantially similar reasons as the reasons discussed in the 112b rejection of claim 1 above.
Another rejection of claim 3 will be discussed next. In order to provide clarity to the following rejection of claim 3, the Examiner will first discuss relevant limitations recited in claim 1.
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Claim 1 requires
with respect to the second detection unit (Z1):
when a smaller thickness of a thickness of one of the plurality of second fixed electrode fingers in the third direction and a thickness of one of the plurality of second movable electrode fingers in the third direction is defined as TCA;
in a side view in the second direction in a stationary state, one end of one of the plurality of second movable electrode fingers (24) on a third direction (DR3) side is positioned on the third direction side by 4 pm or more and TCA/2 or less relative to one end of a corresponding one of the plurality of second fixed electrode fingers 14 on the third direction (DR3) side.
Accordingly, the third direction of claim 1 corresponds with the direction DR3 of the specification.
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Claim 3 requires
wherein with respect to the first detection unit (Z2):
when a smaller thickness of a thickness of one of the plurality of first fixed electrode fingers in the third direction and a thickness of one of the plurality of first movable electrode fingers in the third direction is defined as TCB,
in the side view in the second direction in the stationary state, one end of one of the plurality of first movable electrode fingers 64 on the third direction (DR3) side is positioned on the third direction (DR3) side by 4 pm or more and TCB/2 or less relative to one end of a corresponding one of the plurality of first fixed electrode fingers 54 on the third direction (DR3) side. If the third direction is upward, then this means that the top ends of the first movable electrode fingers 64 are higher than the top ends of the first fixed electrode fingers 54.
However, the original specification (see figs. 3 and 17 above) discloses that the third direction side of the movable electrodes 64 of the first detection unit Z2 are on the fourth direction (DR4) side with respect to the third direction end of the fixed electrode fingers 54 of the first detection unit Z2 (this means the top ends of fingers 64 are lower than the top ends of fingers 54 in the figures).
Accordingly, in light of the specification, it is unclear how one end of one of the plurality of first movable electrode fingers on the third direction side is positioned on the third direction side by 4 pm or more and TCB/2 or less relative to one end of a corresponding one of the plurality of first fixed electrode fingers on the third direction side.
For the purpose of examination, it will be interpreted that one end of one of the plurality of first movable electrode fingers on the third direction side is positioned on the fourth direction side by 4 pm or more and TCB/2 or less relative to one end of a corresponding one of the plurality of first fixed electrode fingers on the third direction side.
Claims 5-6, 7 and 9 are indefinite for depending from claim 1.
Claim Rejections - 35 USC § 103
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(s) 1, 3 and 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over in Liukku et al. (US 20150000403 A1, hereinafter Liukku) in view of Steffen (DE 102020119371 B3).
As to claim 1, Liukku teaches a physical quantity sensor (fig. 14 and figs.16-17; para. 28 teaches that fig. 17 illustrates a micromechanical accelerometer; para. 25 and paras. 27-28 teach that fig. 14 and figs. 16-17 are the same embodiment; para. 65 teaches that fig. 17 has a substantially symmetrically arranged structure; it is noted that para. 5 teaches that the device of Liukku is a MEMS device) configured to,
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when three directions orthogonal to one another are defined as a first direction +X (fig. 17 above), a second direction +Y (fig. 17 above), and a third direction +Z (fig. 17 above; note that ¶25 teaches that fig. 14 is a “top view” showing elements 40 and 37 on the left and right, respectively; similarly, fig. 17 shows elements 40 and 37 on the left and right, respectively; accordingly, the +X, +Y, +Z and -Z directions as annotated by the Examiner in fig. 17 similarly apply to fig. 14), detect a physical quantity in the third direction (para. 47), the physical quantity sensor comprising:
a first detection unit 25X1, 26 (fig. 17 above) configured to detect the physical quantity;
a second detection unit 26, 37X, 40X (fig. 17 above) configured to detect the physical quantity; and
a third detection unit 25X2, 26 (fig. 17 above) configured to detect the physical quantity,
each of the first, second, and third detection units including:
a common beam 26 extending along the second direction among the first, second, and third detection units, the common beam having first and second sides facing to each other along the first direction +X (see the 112b rejection(s) of this claim above for the Examiner’s interpretation of this portion of the claim), wherein
the first detection unit 25X1, 26 includes a first fixed electrode portion (comprising stator electrode fingers 23 of the first detection unit – see fig. 14) fixed to a substrate 1 (paras. 65-67 discuss figs. 14 and 17, and para. 67 teaches that the sensor comprises substrate 1; it is noted, that substrate 1 is not labeled in figs. 14 and 17, but is labeled in at least fig. 13) via a first fixing portion (¶57) and a first movable electrode portion (comprising rotor electrode fingers 21 of the first detection unit – see fig. 14),
the first fixed electrode portion includes a plurality of first fixed electrode fingers (comprising the stator electrode fingers 23 of the first detection unit) arranged in a comb-teeth shape,
the first movable electrode portion includes a first comb-teeth-shaped movable electrode group (comprising rotor electrode fingers 21 of the first detection unit), and the first comb-teeth-shaped movable electrode group has a plurality of first movable electrode fingers (comprising rotor electrode fingers 21 of the first detection unit) that are arranged in the comb-teeth shape,
the plurality of first fixed electrode fingers face the plurality of first movable electrode fingers in the second direction (see figs. 14 and 17),
the second detection unit 26, 37X, 40X includes a second fixed electrode portion (comprising stator electrode fingers 39, 42 of the second detection unit – see fig. 17) fixed to the substrate via a second fixing portion 29, 29 (fig. 14) and a second movable electrode portion (comprising rotor electrode fingers 38, 41 of the second detection unit),
the second fixed electrode portion includes a pair of second comb-teeth-shaped fixed electrode groups (one group comprises stator electrode fingers 39, and another group comprises stator electrode fingers 42), and each of the pair of second comb-teeth-shaped fixed electrode groups has a plurality of second fixed electrode fingers arranged in the comb-teeth shape (see fig. 17),
the second movable electrode portion (comprising rotor electrode fingers 38, 41) includes a second comb-teeth-shaped movable electrode group (comprising rotor electrode fingers 38, 41), and the second comb-teeth-shaped movable electrode group has a plurality of second movable electrode fingers (comprising rotor electrode fingers 38, 41) that are arranged in the comb-teeth shape,
the plurality of second fixed electrode fingers face the plurality of second movable electrode fingers in the second direction,
the third detection unit 25X2, 26 includes a third fixed electrode portion (comprising stator electrode fingers 23 of the third detection unit – see fig. 14) fixed to the substrate 1 via a third fixing portion (¶57) and a third movable electrode portion (comprising rotor electrode fingers 21 of the third detection unit – see fig. 14),
the third fixed electrode portion (comprising stator electrode fingers 23 of the third detection unit) has a plurality of third fixed electrode fingers (comprising stator electrode fingers 23 of the third detection unit) arranged in the comb- teeth shape,
the third movable electrode portion (comprising rotor electrode fingers 21 of the third detection unit) includes a third comb-teeth-shaped movable electrode group (comprising rotor electrode fingers 21 of the third detection unit), and the third comb-teeth-shaped movable electrode group has a plurality of third movable electrode fingers (comprising rotor electrode fingers 21 of the third detection unit) that are arranged in the comb-teeth shape (fig. 17),
the plurality of third fixed electrode fingers face the plurality of third movable electrode fingers in the second direction, and
when a center line passing through a center of the second detection unit and extending in the first direction is defined as a virtual center line A (¶65-66; fig. 14), the first detection unit, the second detection unit, and the third detection unit are arranged so as to be symmetrical with respect to the virtual center line (¶65-66 and figs. 14 and 17 teach that the first detection unit, the second detection unit, and the third detection unit are arranged so as to be substantially symmetrical with respect to the virtual center line A).
Liukku does not explicitly teach wherein the second detection unit being sandwiched between the first and third detection units along the second direction,
the first fixed electrode portion includes a pair of first comb-teeth-shaped fixed electrode groups, and each of the pair of first comb-teeth-shaped fixed electrode groups has a plurality of first fixed electrode fingers arranged in a comb-teeth shape (this portion of the claim requires at least 4 first fixed electrode fingers, but Liukku’s first fixed electrode portion only comprises 3 first fixed electrode fingers 23),
wherein the plurality of first movable electrode fingers (comprising rotor electrode fingers 21 of the first detection unit) extend from the first and second sides of the common beam,
wherein the plurality of second movable electrode fingers (comprising rotor electrode fingers 38, 41) extend from the first and second sides of the common beam,
wherein the third fixed electrode portion (comprising stator electrode fingers 23 of the third detection unit) includes a pair of third comb-teeth-shaped fixed electrode groups, and each of the pair of third comb-teeth-shaped fixed electrode groups has a plurality of third fixed electrode fingers arranged in the comb- teeth shape (this portion of the claim requires at least 4 third fixed electrode fingers, but Liukku’s first fixed electrode portion only comprises 3 third fixed electrode fingers 23),
wherein the plurality of third movable electrode fingers (comprising rotor electrode fingers 21 of the third detection unit) extend from the first and second sides of the common beam,
with respect to the second detection unit:
when a smaller thickness of a thickness of one of the plurality of second fixed electrode fingers in the third direction and a thickness of one of the plurality of second movable electrode fingers in the third direction is defined as TCA;
in a side view in the second direction in a stationary state, one end of one of the plurality of second movable electrode fingers on a third direction side is positioned on the third direction side by 4 pm or more and TCA/2 or less relative to one end of a corresponding one of the plurality of second fixed electrode fingers on the third direction side; and
when an opposite direction of the third direction is defined as a fourth direction, in the side view in the stationary state, a position of the other end of the one of the plurality of second movable electrode fingers on a fourth direction side matches a position of the other end of a corresponding one of the plurality of first fixed electrode fingers on the fourth direction side,
a thickness pattern of the plurality of first movable electrode fingers of the first detection unit is different from a thickness pattern of the plurality of second movable electrode fingers of the second detection unit.
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Liukku further teaches, in an alternative embodiment (figs. 10-12; note that paras. 22-23 teach that figs. 10-12 are the same embodiment),
a primary detection unit 25Y (figs. 10-11 above) analogous to the first and third detection units 25X1-25X2, 26 of figs. 14 and 17 (¶48),
a secondary detection unit 24Y (figs. 10-11 above) analogous to the second detection unit 26, 37X, 40X of figs. 14 and 17 (see ¶48 and ¶65, which teaches “the first comb structure 24 may be divided into a first comb structure section 37…and…a second comb structure section 40”),
wherein, in the stationary state (fig. 11; note that para. 61 teaches “the first rotor comb fingers 20 of the first comb structure 24 are located at a greater distance from the substrate 1 than the first stator comb fingers 22 of the first comb structure 24,” meaning that the substrate is above the structure shown in fig. 11 and that the device in fig. 11 is upside down), and in the side view from the second direction:
with respect to the secondary detection unit 24Y:
the third direction (+Z) ends and fourth direction (-Z) ends of the movable electrodes 20 are farther from the substrate than the third direction ends and fourth direction ends of the fixed electrodes 22, respectively, and
with respect to the primary detection unit 25Y and secondary detection unit 24Y:
the third direction ends of the fixed electrodes 23 of the primary detection unit 25Y match the positions of the third direction ends of the movable electrodes 20 of the secondary detection unit 24Y,
the fourth direction ends of the fixed electrodes 23 of the primary detection unit 25Y match the positions of the fourth direction ends of the movable electrodes 20 of the secondary detection unit 24Y,
the third direction ends of the movable electrodes 21 of the primary detection unit 25Y match the positions of the third direction ends of the fixed electrodes 22 of the secondary detection unit 25Y, and
the fourth direction ends of the movable electrodes 21 of the primary detection unit 25Y match the positions of the fourth direction ends of the fixed electrodes 22 of the secondary detection unit 25Y,
wherein the third direction ends of the plurality of movable electrodes 20 of the secondary detection unit 24Y on a third direction side (+Z) are positioned on the third direction side relative to the third direction ends of the plurality of fixed electrodes 22 of the secondary detection unit 24Y on the third direction side.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of fig. 17 of Liukku wherein the electrodes of the corresponding detection units are positioned relative to the substrate, and wherein the ends of the electrodes are positioned relative to each other with respect to the third and fourth directions as taught in fig. 11 of Liukku, since such a modification would be a simple substitution of one method of providing detection unit electrodes for another for the predictable result that acceleration is still successfully detected.
Liukku as modified still does not teach
with respect to the second detection unit:
wherein there is a smaller thickness of a thickness of one of the plurality of second fixed electrode fingers in the third direction and a thickness of one of the plurality of second movable electrode fingers in the third direction that is defined as TCA;
in a side view in the second direction in a stationary state, one end of one of the plurality of second movable electrode fingers on a third direction side is positioned on the third direction side by 4 pm or more and TCA/2 or less relative to one end of a corresponding one of the plurality of second fixed electrode fingers on the third direction side.
However, such a difference between the claimed invention and prior art device would have been obvious to one of ordinary skill in the art, as explained next. It has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (MPEP 2144.04(IV)(A)). In this case, ¶87 states that “by ensuring the offset amount to be 4 μm or more from the reference plane of the fixed electrode 14 and the movable electrode 24, the movable electrode 24 can move in a region where the fringe capacitance fluctuation is gentle while avoiding a region where a rapid fluctuation in the fringe capacitance appears, and the acceleration can be detected with high accuracy.” Additionally, the rest of the instant disclosure lacks persuasive evidence that the claimed dimensions/proportions result in a device that performs differently than the prior art device. Liukku’s electrodes inherently have fringe capacitances associated with the upper and lower edges thereof, meaning Liukku’s measurements are also affected by fringe capacitances to at least some degree. Accordingly, a device having the claimed relative dimensions would not perform differently than the prior art device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to adjust the proportions/dimensions of Liukku as modified such that, with respect to the second detection unit:
there is a smaller thickness of a thickness of one of the plurality of second fixed electrode fingers in the third direction and a thickness of one of the plurality of second movable electrode fingers in the third direction that is defined as TCA,
in a side view in the second direction in a stationary state, one end of one of the plurality of second movable electrode fingers on a third direction side is positioned on the third direction side by 4 pm or more and TCA/2 or less relative to one end of a corresponding one of the plurality of second fixed electrode fingers on the third direction side,
since such a modification would be a mere change in the dimensions/proportions of Liukku as modified for the predictable result that acceleration is still successfully detected.
Liukku as modified still does not teach wherein the second detection unit being sandwiched between the first and third detection units along the second direction.
In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). In this case, paras. 10 and 65 of Liukku teach that dividing the first comb structure 24 into two comb structures 37, 40 to sandwich the other comb structure 25 has the effect of “a mass balanced rotor electrode with respect to the central axis of the acceleration sensor.” Rearranging the detection elements 25X1-25X2, 37X and 40X such that units 37X, 40X are in the center and sandwiched by units 25X1-25X2 would still result in the balance described above. Accordingly, rearranging the structure of the modified Liukku to result in the claimed structure would not have modified the operation of the device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Liukku as modified such that the second detection unit is between the first and third detection units, since such a modification would be a mere rearrangement of parts for the predictable result that acceleration is still successfully detected.
Liukku as modified still does not teach wherein the plurality of first movable electrode fingers (comprising rotor electrode fingers 21 of the first detection unit in Liukku) extend from the first and second sides of the common beam,
wherein the plurality of second movable electrode fingers (comprising rotor electrode fingers 38, 41 of Liukku) extend from the first and second sides of the common beam, and
wherein the plurality of third movable electrode fingers (comprising rotor electrode fingers 21 of the third detection unit of Liukku) extend from the first and second sides of the common beam.
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Steffen teaches an accelerometer (title) comprising first, second and third detection units (D1,10 and D2, 10 and D3, 10, respectively; see fig. 2 above) each comprising a common beam 10, wherein the accelerometer is configured such that each detection unit has movable electrode fingers 06 (¶29-31) that extend from both sides of the common beam, wherein each detection unit has at least 6 movable electrodes extending from each side of the common beam.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Liukku as modified such that each detection unit has movable electrode fingers that extend from both sides of the common beam, wherein each detection unit has at least 6 movable electrodes extending from each side of the common beam, as taught by Steffen, for the benefit of wherein “this reduces parasitic factors that can negatively affect the measurement result” (¶23, Steffen).
Liukku as modified still does not teach wherein a thickness pattern of the plurality of first movable electrode fingers of the first detection unit is different from a thickness pattern of the plurality of second movable electrode fingers of the second detection unit.
Steffen teaches, in another embodiment (fig. 6; ¶21), wherein two peripheral sub-packages C1a-C1b have movable electrodes 06 arranged symmetrically on both sides of a central capacitor package C2, whose movable electrodes 06 are also symmetrically arranged with respect to a line of symmetry of the device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Liukku as modified such that the movable electrodes of the detection units are symmetrically arranged with respect to a line of symmetry of the apparatus as taught by Steffen, for the benefit of “a uniform distribution of the moments occurring on the torsion springs” (¶21, Steffen).
Liukku as modified still does not teach wherein a thickness pattern of the plurality of first movable electrode fingers of the first detection unit is different from a thickness pattern of the plurality of second movable electrode fingers of the second detection unit.
However, such a difference between the claimed invention and prior art device would have been obvious to one of ordinary skill in the art, as explained next. It has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (MPEP 2144.04(IV)(A)). In this case, there is no evidence of record to show that the claimed difference in thickness patterns would cause the claimed device to perform differently than the prior art. While ¶96 discloses “the detection units Z1 and Z2 having different movable-electrode thickness patterns are symmetrical with respect to a line along an X axis indicated by a one-dot chain line in FIG. 14. Thus, a mass imbalance due to configuration positions of the movable electrodes 24 and 54 can be eliminated, and the acceleration can be detected with high accuracy,” the prevention of a mass imbalance is achieved with the symmetrical locations of the electrodes relative to the device’s line of symmetry, and not the thicknesses of the electrodes. Nevertheless, if Applicant argues that the thicknesses contribute to the prevention of a mass imbalance, which the Examiner does not admit, the modification in view of Steffen above, results in a symmetrical movable electrode distribution, which eliminates a mass imbalance. Accordingly, making the thicknesses of the movable electrodes in the second detection unit different from the thicknesses of the movable electrodes in the first (and third) detection units (resulting in the claimed different “thickness patterns”) would not cause the claimed device to perform differently than the prior art device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the relative thicknesses of the movable electrodes in Liukku as modified such that the thicknesses in the second detection unit are different from the thicknesses in the first and third detection units, since such a modification would be a mere change in the relative sizes of the movable electrodes for the predictable result that acceleration is still successfully detected.
If Applicant argues that the first fixed electrode portion (comprising stator electrode fingers 23 of the first detection unit – see fig. 14) is NOT fixed to the substrate 1 via a first fixing portion , and/or
if Applicant argues that the third fixed electrode portion (comprising stator electrode fingers 23 of the third detection unit – see fig. 14) is NOT fixed to the substrate 1 via a third fixing portion,
Liukku further teaches, in an alternative embodiment (fig. 13 and para. 52), wherein the fixed structures of detection unit 25 are fixed to the substrate.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Liukku as modified such that the fixed structures of detection portion 25 of Liukku are fixed to the substrate as taught by the embodiment of fig. 13 of Liuuku since such a modification would be a simple substitution of one method for fixing fixed detection structures for another for the predictable result that fixing fixed structures to the substrate of an accelerometer is well-known and easy to implement, and/or for the predictable result that acceleration is still successfully detected.
Liukku as modified teaches the first fixed electrode portion (including the stator electrodes 23 of the first detection unit 25X1, 26 of Liukku) includes a pair of first comb-teeth-shaped fixed electrode groups (in light of Steffen, the first fixed electrode portion of the modified Liukku has a group at least 6 first fixed electrode fingers extending from one side of the common beam 26 of Liukku and another group of at least 6 first fixed electrode fingers extending from the other side of the common beam), and each of the pair of first comb-teeth-shaped fixed electrode groups has a plurality of first fixed electrode fingers arranged in a comb-teeth shape (see fig. 17 of Liukku and fig. 2 of Steffen),
wherein the plurality of first movable electrode fingers (comprising rotor electrode fingers 21 of the first detection unit of Liukku) extend from the first and second sides of the common beam (in view of fig. 2 of Steffen),
wherein the plurality of second movable electrode fingers (comprising rotor electrode fingers 38, 41 of Liukku) extend from the first and second sides of the common beam (in view of fig. 2 of Steffen),
wherein the third fixed electrode portion (comprising stator electrode fingers 23 of the third detection unit 25X2, 26 of Liukku) includes a pair of third comb-teeth-shaped fixed electrode groups (in light of Steffen, the third fixed electrode portion of the modified Liukku has a group at least 6 third fixed electrode fingers extending from one side of the common beam 26 of Liukku and another group of at least 6 third fixed electrode fingers extending from the other side of the common beam), and each of the pair of third comb-teeth-shaped fixed electrode groups has a plurality of third fixed electrode fingers arranged in the comb- teeth shape (see fig. 17 of Liukku and fig. 2 of Steffen),
wherein the plurality of third movable electrode fingers (comprising rotor electrode fingers 21 of the third detection unit 25X2, 26 of Liukku) extend from the first and second sides of the common beam (in light of fig. 2 of Steffen),
a thickness pattern of the plurality of first movable electrode fingers of the first detection unit is different from a thickness pattern of the plurality of second movable electrode fingers of the second detection unit (in view of the “change of size” modification detailed above).
As to claim 3, Liukku as modified teaches the limitations of the claim except
wherein with respect to the first detection unit:
when a smaller thickness of a thickness of one of the plurality of first fixed electrode fingers in the third direction and a thickness of one of the plurality of first movable electrode fingers in the third direction is defined as TCB,
in the side view in the second direction in the stationary state, one end of one of the plurality of first movable electrode fingers on the third direction side is positioned on the third direction side by 4 pm or more and TCB/2 or less relative to one end of a corresponding one of the plurality of first fixed electrode fingers on the third direction side.
However, such a difference between the claimed invention and prior art device would have been obvious to one of ordinary skill in the art, as explained next. It has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (MPEP 2144.04(IV)(A)). In this case, ¶93 states that “it is also possible to avoid a region where a rapid change in the fringe capacitance appears due to an offset of the movable electrode 64 in the fourth direction DR4.” Additionally, the rest of the instant disclosure lacks persuasive evidence that the claimed dimensions/proportions result in a device that performs differently than the prior art device. Liukku’s electrodes inherently have fringe capacitances associated with the upper and lower edges thereof, meaning Liukku’s measurements are also affected by fringe capacitances to at least some degree (i.e. some degree of speed in the change of fringe capacitance). Accordingly, a device having the claimed relative dimensions would not perform differently than the prior art device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to adjust the proportions/dimensions of Liukku as modified such that, wherein with respect to the first detection unit:
when a smaller thickness of a thickness of one of the plurality of first fixed electrode fingers in the third direction and a thickness of one of the plurality of first movable electrode fingers in the third direction is defined as TCB,
in the side view in the second direction in the stationary state, one end of one of the plurality of first movable electrode fingers on the third direction side is positioned on the third direction side by 4 pm or more and TCB/2 or less relative to one end of a corresponding one of the plurality of first fixed electrode fingers on the third direction side (see the 112b rejection(s) of this claim above for the Examiner’s interpretation of this portion of the claim),
since such a modification would be a mere change in the dimensions/proportions of Liukku as modified for the predictable result that acceleration is still successfully detected.
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As to claim 5, Liukku as modified teaches
wherein (as explained in the rejection of claim 1 above, the first detection unit 25X1, 26 and third detection unit 25X2, 26 of fig. 17 of Liukku were modified to adopt substantially the electrode configuration of the primary detection unit 25Y in fig. 11 of Liukku above, and the second detection unit 26, 37X, 40X of fig. 17 of Liukku was modified to adopt substantially the electrode configuration of the second detection unit 24Y in fig. 11 of Liukku above)
in the side view in the stationary state, a position of the one end (+Z end) of one of the plurality of second movable electrode fingers (illustrated by the lower end of electrode 20 in fig. 11 of Liukku) on the third direction side matches a position of one end (+Z end) of one of the plurality of first fixed electrode fingers 23 (Liukku) on the third direction side (illustrated by the lower end of electrode 23 in fig. 11 of Liukku above), and
a position of the other end (-Z end) of one of the plurality of second fixed electrode fingers on the fourth direction side (illustrated by the upper end of electrode 22 in fig. 11 of Liukku above) matches a position of the other end (-Z end) of one of the plurality of first movable electrode fingers (illustrated by the upper end of electrode 21 in fig. 11 of Liukku above) on the fourth direction side.
As to claim 6, Liukku as modified teaches wherein in the side view in the stationary state, a position of one end of one of the plurality of second fixed electrode fingers 39, 41 (Liukku) on the third direction side (+Z side) matches a position of one end of one of the first plurality of movable electrode fingers 21 (Liukku) on the third direction side (in view of the embodiment of fig. 11 of Liukku).
As to claim 7, Liukku as modified teaches
a first support beam 14X (fig. 17 above) whose one end is coupled (indirectly) to the first fixing portion (which is for fixing the first fixed electrode portion, as recited in claim 1);
a first coupling portion 12 coupling the other end of the first support beam and the first movable electrode portion of the first detection unit (see fig. 17);
a second support beam 10X (fig. 17 above) whose one end is coupled (indirectly) to the third fixing portion (which is for fixing the third fixed electrode portion as recited in claim 1); and
a second coupling portion 8 coupling the other end of the second support beam and the third movable electrode portion of the third detection unit (see fig. 17).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liukku in view of Steffen as applied to claim 1 above and further in view of Tanaka (US 20170074658 A1).
As to claim 9, Liukku as modified teaches the physical quantity sensor according to claim 1.
Liukku as modified does not teach an inertial measurement unit comprising:
the physical quantity sensor according to claim 1; and
a control unit configured to perform control based on a detection signal output from the physical quantity sensor.
Tanaka teaches an inertial measurement unit (as part of a vehicle 1500) comprising:
a physical quantity sensor 1; and
a control unit 1502 configured to perform control based on a detection signal output from the physical quantity sensor (¶104).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the apparatus of Liukku as modified into a vehicle, wherein the vehicle has a control unit configured to perform control based on a detection signal output from the physical quantity sensor, as taught by Tanaka, so as to beneficially provide a vehicle whose suspension hardness can be adjusted according to a posture of the vehicle (¶104, Tanaka).
Liukku as modified teaches an inertial measurement unit comprising:
the physical quantity sensor according to claim 1; and
a control unit 1502 (Tanaka) configured to perform control based on a detection signal output from the physical quantity sensor.
Response to Arguments
Applicant's arguments filed 11/24/25 have been fully considered but they are not persuasive.
Applicant argues on pg. 15 that
“However, Applicant respectfully submits that Liukku is silent about the relative locational relationship among first, second, and third detection units and the virtual center line of amended claim 1. Therefore, Liukku does not disclose or suggest at least the following claimed features of amended claim 1:
with respect to the second detection unit: when a smaller thickness of a thickness of one of the plurality of second fixed electrode fingers in the third direction and a thickness of one of the plurality of second movable electrode fingers in the third direction is defined as TCA; in a side view in the second direction in a stationary state, one end of one of the plurality of second movable electrode fingers on a third direction side is positioned on the third direction side by 4 µm or more and TCA/2 or less relative to one end of a corresponding one of the plurality of second fixed electrode fingers on the third direction side; and when an opposite direction of the third direction is defined as a fourth direction, in the side view in the stationary state, a position of the other end of the one of the plurality of second movable electrode fingers on a fourth direction side matches a position of the other end of a corresponding one of the plurality of first fixed electrode fingers on the fourth direction side, a thickness pattern of the plurality of first movable electrode fingers of the first detection unit is different from a thickness pattern of the plurality of second movable electrode fingers of the second detection unit, and when a center line passing through a center of the second detection unit and extending in the first direction is defined as a virtual center line, the first detection unit, the second detection unit, and the third detection unit are arranged so as to be symmetrical with respect to the virtual center line.
Inasmuch as Liukku and the combination of prior art fail to teach or suggest all the elements of the claim, the combination of prior art cannot render claim 1 unpatentable. Therefore, Applicant respectfully requests reconsideration and withdrawal of this rejection. Claims 3, 5-7, and 9 depend, directly or indirectly, from claim 1 and should be in condition for allowance for at least the same reasons as set forth above.”
Applicant’s arguments are not persuasive. Liukku teaches when a center line passing through a center of the second detection unit and extending in the first direction is defined as a virtual center line A (¶65-66; fig. 14), the first detection unit, the second detection unit, and the third detection unit are arranged so as to be symmetrical with respect to the virtual center line (¶65-66 and figs. 14 and 17 teach that the first detection unit, the second detection unit, and the third detection unit are arranged so as to be substantially symmetrical with respect to the virtual center line A).
Furthermore, the modification in view of Steffen results in the layout of the movable electrodes even more precisely symmetrical with respect to the center line.
Accordingly, the modified Liukku teaches all the limitations of claim 1, and Applicant’s arguments are not persuasive.
Applicant’s remaining arguments with respect to the prior art rejections have been considered but are moot in view of the new ground(s) for rejection.
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.
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/R.C.P./ Examiner, Art Unit 2853
/STEPHEN D MEIER/ Supervisory Patent Examiner, Art Unit 2853