CTNF 18/272,527 CTNF 83554 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1-8 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Satoshi (JP 2017-191928) . Considering claim 1, Satoshi (Figure 2) teaches an electromechanical conversions element comprising: a first electrode (231), an electromechanical conversion layer (24 + page 4 + 3 rd paragraph) and a second electrode (252) provided on a substrate; a first high temperature durable layer (232 + page 4 + 3 rd paragraph) that contains a metal oxide between the first electrode and the electromechanical conversion layer; a second high temperature durable layer (251 + page 3 + 3 rd paragraph) that containing a metal oxide between the electromechanical conversion layer and the second electrode, wherein the electromechanical conversion layer contains a perovskite type crystal (page 33 + 1 st paragraph) and upon diffraction peak intensities of a (001) plane, a (101) plane, and a (111) plane in X-ray diffraction measurement of the electromechanical conversion layer being I(100), I(101), and I(111), respectively, a degree of orientation of the (001) plane represented by {I(100))/I(001) + I(101) + I(111)} * 100% is 99% or more (page 36 + 2 nd paragraph + It has been held that where the structure recited in a reference is the same as the claimed structure, claimed properties and functions are presumed to be inherent ( In re Best, 195 USPQ 430, 433)). Considering claim 2, Satoshi (Figure 2) teaches wherein metal oxide contained in the first high temperature durable layer and the second high temperature durable layer each independently contain lanthanum lead titanate (PLT), strontium ruthenate (SRO) (page 8 + 5 th paragraph), lanthanum nickelate (LNO) or lead titanate (PT). Considering claim 3, Satoshi (Figure 2) teaches wherein the perovskite type crystal contains lead zirconate titanate (PZT) (page 8 + 6 th paragraph). Considering claim 4, Satoshi teaches wherein upon a residual polarization at 50 degrees Celsius being denoted by Pr(50 degrees Celsius) [uC/cm^2] and a residual polarization at 20 degrees Celsius being denoted by Pr(20 degrees Celsius) [uC/cm^2], Expression 1 is satisfied: (Expression 1): Pr(50 degrees Celsius)/Pr(20 degrees Celsius) > 1.00 (It has been held that where the structure recited in a reference is the same as the claimed structure, claimed properties and functions are presumed to be inherent ( In re Best, 195 USPQ 430, 433)). Considering claim 5, Satoshi teaches wherein upon a residual polarization at 85 degrees Celsius being denoted by Pr(85 degrees Celsius) [uC/cm^2] and a residual polarization at 20 degrees Celsius being denoted by Pr(20 degrees Celsius) [uC/cm^2], Expression 2 is satisfied: (Expression 2): Pr(85 degrees Celsius)/Pr(20 degrees Celsius) > 0.90 (It has been held that where the structure recited in a reference is the same as the claimed structure, claimed properties and functions are presumed to be inherent ( In re Best, 195 USPQ 430, 433)). Considering claim 6, Satoshi (Figure 2) teaches wherein relative dielectric constants of the first high temperature durable layer and the second high temperature durable layer are both smaller than a relative dielectric constant of the electromechanical conversion layer (the limitation is met since the same materials the the applicant uses it used by the prior art (i.e. SRO for the high temperature layers and PZT for the piezoelectric layer + page 8 + 5 th -6 th paragraphs). Considering claim 7, Satoshi (Figure 2) teaches a method of manufacturing the electromechanical conversion element comprising: forming an electromechanical conversion layer (24 + page 4 + 3 rd paragraph) on the first high temperature durable layer, in the forming of the electromechanical conversion layer, heating the electromechanical conversion layer to 500 degrees Celsius or higher and then cooling the electromechanical conversion layer to 300 degrees Celsius or lower is repeated twice or more to form the electromechanical transducer layer (The method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight). Considering claim 8, Satoshi (Figure 2) teaches wherein a liquid ejection head comprising the electromechanical conversion element (page 24 + 6 th paragraph). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN P GORDON whose telephone number is (571)272-5394. The examiner can normally be reached M-F 8 a.m. - 4:30 p.m.. 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, Dedei K Hammond can be reached at 571-270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BRYAN P GORDON/Primary Examiner, Art Unit 2837 Application/Control Number: 18/272,527 Page 2 Art Unit: 2837 Application/Control Number: 18/272,527 Page 3 Art Unit: 2837 Application/Control Number: 18/272,527 Page 4 Art Unit: 2837 Application/Control Number: 18/272,527 Page 5 Art Unit: 2837
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