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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “transducer comprises a load path for external loads”, as described in claim 10, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-3, 6-8, 11,15-19 and 21-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bulsara (US PN 10, 727,394).
Considering claim 1, Bulsara (Figure 2) teaches a transducer for converting mechanical energy to electrical energy, comprising: a substrate (112 + col. 4 lines 15-20); a ferroelectric element (116 + col. 4 lines 46-49) adhered to the substrate; a first and second electrode (114 + col. 4 lines 14-25) in electrical contact with the ferroelectric element and arranged to received charge resulting from ferroelectric domain switching of the ferroelectric element in response to mechanical loading of transducer (col. 4 lines 46-62); wherein the ferroelectric element is partially polarized, to that a mechanical load cycle imposed on the transducer results in a reversible cycle of ferroelectric domain switching (col. 4 lines 46-62).
Considering claim 2, Bulsara teaches wherein the reversible cycle of ferroelectric domain switching in response to the mechanical load cycle does not require the imposition of a bias field for repolarization (the limitation is a goal of the invention and does not describe any structure that the prior are doesn’t already teach).
Considering claim 3, Bulsara teaches wherein the ferroelectric element has an intrinsic stress with no external load placed on the transducer (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, Bulsara teaches wherein with no external load on the transducer, an intrinsic tensile stress in the ferroelectric element is greater than a coercive stress for the material of the ferroelectric element (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 7, Bulsara teaches wherein the ferroelectric element has an intrinsic stress and the intrinsic stress of the ferroelectric element corresponds with pre-poling the ferroelectric element so that it is partially polarized, adhering the ferroelectric element to the substrate, and then applying an electrical field greater than the coercive field for the ferroelectric element (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 8, Bulsara teaches wherein the ferroelectric element has an intrinsic stress and the intrinsic stress in the ferroelectric element corresponds with pre-poling the ferroelectric element to be between 20% and 95% polarized before it is adhered to the substrate (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 11, Bulsara (Figure 1) teaches a top plate (160 + col. 5 lines 45-50) and a bottom plate (150 + col. 6 lines 1-6); wherein the top plate, bottom plate and substrate are configured to load that substrate to that forces that are applied between the top plate and bottom plate are converted into in-plane stress in the ferroelectric element (col. 6 lines 34-50).
Considering claim 15, Bulsara (Figure 2) teaches a method of preparing an energy harvesting transducer, comprising preparing a ferroelectric element (116 + col. 4 lines 46-49) attached to a substrate (112 + col. 4 lines 15-20) so that the ferroelectric element is partly polarized, so that a mechanical load cycle imposed on the transducer results in a reversible cycle of ferroelectric domain switching (col. 4 lines 46-62).
Considering claim 16, Bulsara (Figure 2) teaches preparing the ferroelectric element attached to a substrate comprises: partially pre-polling the ferroelectric material to that the material is partially polarized (col. 4 lines 46-62); attaching the ferroelectric material to a substrate (112 + col. 4 lines 15-20); applying a field at least as large as the coercive field across the ferroelectric material after it is attached to the substrate, resulting in a residual stress in the ferroelectric material that prevents the ferroelectric material being fully polarized (col. 4 lines 46-62).
Considering claim 17, Bulsara (Figure 2) teaches wherein preparing the ferroelectric element attached to a substrate comprises: elastically deforming a substrate so that at least a region of the substrate is under compressive stress (110a + col. 4 lines 35-45); attaching a ferroelectric element to the region of the substrate under compressive stress (col. 4 lines 35-60); imparting tensile stress on the ferroelectric element as a result of relaxation of the compressive stress in the region of the substrate (col. 4 lines 35-60).
Considering claim 18, Bulsara teaches wherein the ferroelectric material is fully poled before the ferroelectric material is attached to the substrate (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 19, Bulsara teaches wherein elastically deforming the substrate comprises bending the substrate to cause sagging of a surface so as to impart compressive stress in a region adjacent the sagging surface, and attaching the ferroelectric material to the substrate comprises attaching the ferroelectric material to the sagging surface (see Figure 1 + col. 4 lines 30-45 + col. 6 lines 18-33).
Considering claim 21, Bulsara (Figure 2) teaches a method of generating electrical power using a transducer, wherein: the transducer comprises: a substrate (112 + col. 4 lines 15-20); a ferroelectric element (116 + col. 4 lines 46-49) adhered to the substrate; a first and second electrode (114 + col. 4 lines 14-25) in electrical contact with the ferroelectric element and arranged to receive charge from resulting from ferroelectric domain switching of the ferroelectric element in response to mechanical loading of the transducer (col. 4 lines 46-62); and the ferroelectric element is partially polarized and under residual intrinsic stress, so that a mechanical load cycle imposed on the transducer results in a reversible cycle ferroelectric domain switching (col. 4 lines 46-62); and the method comprises: applying a mechanical load cycle to the transducer so as to generate electrical power into an electrical load by ferroelectric domain switching (col. 4 lines 46-62).
Considering claim 22, Bulsara teaches wherein the mechanical load cycle comprises a repolarization phase in which the ferroelectric element becomes more polarized, and wherein the method does not include applying an electrical bias field during repolarization phase (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).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bulsara (US PN 10,727,394).
Considering claim 4, Bulsara teaches wherein, with no external load on the transducer the ferroelectric element is between 50% and 95% polarized (col. 4 lines 46-62 + obvious matter of design choice) and/or on intrinsic tensile stress in the ferroelectric element is sufficient to cause at least 5% depolarization.
Considering claim 12, Bulsara (Figure 1) teaches a proof mass (130 + col. 5 lines 28-32); and a housing (obvious to one of ordinary skill in the art to add a housing); wherein the proof mass, housing and substrate are configured so that acceleration of the energy harvesting device results in inertial loading of the substrate (col. 5 lines 28-40).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bulsara (US PN 10, 727,394) and in view of Kwon (PG Pub 20070132343).
Considering claim 9, Bulsara teaches the transducer as described above.
However, Bulsara does not teach wherein the transducer wherein the ferroelectric element has an intrinsic stress and the intrinsic stress is tensile and the ferroelectric element comprises a material with a negative d31.
Kwon teaches wherein the transducer wherein the ferroelectric element has an intrinsic stress and the intrinsic stress is tensile and the ferroelectric element comprises a material with a negative d31 (paragraph 0004)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to include the transducer wherein the ferroelectric element has an intrinsic stress and the intrinsic stress is tensile and the ferroelectric element comprises a material with a negative d31 into Bulsara’s device for the benefit of producing negative displacement of the device.
Considering claim 10, Bulsara teaches wherein the transducer comprises a load path for external loads that impose a uniform bending moment on the substrate in the region of the ferroelectric material (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)).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bulsara (US PN 10, 727,394) and in view of Hendrix (US PN 6,156,623).
Considering claim 20, Bulsara teaches the substrate as described above.
However, Bulsara does not teach the substrate comprises more than one material with mismatched coefficients of thermal expansion, and the substrate is configured to change shape in response to changes in temperature and elastically deforming the substrate comprises changing the temperature of the substrate so that it changes shape.
Hendrix teaches the substrate comprises more than one material with mismatched coefficients of thermal expansion, and the substrate is configured to change shape in response to changes in temperature and elastically deforming the substrate comprises changing the temperature of the substrate so that it changes shape (col. 4 lines 28-52).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to include the substrate comprises more than one material with mismatched coefficients of thermal expansion, and the substrate is configured to change shape in response to changes in temperature and elastically deforming the substrate comprises changing the temperature of the substrate so that it changes shape into Bulsara’s device for the benefit of improving for forming a thin film material on a substrate.
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..
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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.
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/BRYAN P GORDON/Primary Examiner, Art Unit 2837
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