CTNF 18/297,720 CTNF 81995 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 Claim s 1, 2, 5, 8-13, and 15-20 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Misu et al. (US 6396200) . With respect to claim 1, Misu et al. discloses a crystal oscillation element (Figs 1-3) comprising: a crystal piece (item 3) having principal planes defined by a first base axis and a second base axis that intersects the first base axis (Fig 1, wherein the device has two horizontal axes defining the first and second axes); and an excitation electrode unit (item 4) at the principal planes of the crystal piece and having flat plate portions (Fig 2, central portion of electrode 4) and thick film portions (items 20) that are located at electrode ends on the principal planes of the crystal piece and that have a thickness larger than a thickness of the flat plate portions (Figs 2-3), wherein each thick film portion has first protruding portions (Fig 1, protruding portions along the long directed of the rectangular electrode 4) located at the electrodes ends in an axis direction of the first base axis on the principal plane (Fig 1), extend in an axis direction of the second base axis and protrude from the flat plate portion (Fig 2), and second protruding portions (Fig 1, protruding portions along the short direction of the rectangular electrode 4) located at the electrodes ends in the axis direction of the second base axis on the principal plane (Fig 1), extend in the axis direction of the first base axis and protrude from the flat plate portion (Fig 2), and wherein the first protruding portion has a cross-sectional area cut in a direction along a plane defined by the first base axis and a thickness direction of the crystal piece that is larger than a cross-sectional area of the second protruding portion cut in a direction along a plane defined by the second base axis and the thickness direction of the crystal piece (Figs 1-2, wherein the cross sectional area of the first protruding portions are greater than the cross sectional areas of the second portions as a result of the first protruding portion extending along the long side of the rectangular portion and the second protruding portion extending along the short side of the rectangular portion). With respect to claim 2, Misu et al. discloses the crystal oscillation element according to claim 1, wherein, when a voltage is applied to the excitation electrode unit, the crystal piece is configured to perform thickness- shear vibrations by vibrating in a plane defined by the thickness direction and the first base axis, where the thickness direction intersects the principal planes (column 13,lines 41-60). With respect to claim 5, Misu et al. discloses the crystal oscillation element according to claim 1, wherein a width of the first protruding portion is larger than a width of the second protruding portion (Fig 1). In this claim, the “width direction” is not specifically defined; therefore, the width of the first protruding portion is greater than that of the second protruding portion because the first protruding portions includes the longer side of the rectangular portion and the second protruding portion includes the shorter side of the rectangular portion. With respect to claim 8, Misu et al. discloses the crystal oscillation element according to claim 1, wherein a protrusion amount of the first protruding portion is larger than a protrusion amount of the second protruding portion (Fig 1). In this claim, the “protrusion amount” is not specifically defined; therefore, the protrusion amount of the first portion is greater than that of the second portion because the first protruding portions includes the longer side of the rectangular portion and the second protruding portion includes the shorter side of the rectangular portion. With respect to claim 9, Misu et al. discloses the crystal oscillation element according to claim 1, wherein, where an axis obtained by tilting a third axis, among a first axis, a second axis, and a third axis that are crystallographic axes of the crystal piece and intersect each other, at a predetermined angle about the first axis is taken as a third tilted axis, the first axis corresponds to the first base axis and the third tilted axis corresponds to the second base axis (Figs 1-3, wherein this merely states an axes system without positively reciting how the device or any of its components are oriented relative to the axes system, and therefore does not further limit the details of the device). With respect to claim 10, Misu et al. discloses the crystal oscillation element according to claim 1, wherein, where an axis obtained by tilting a first axis, among a first axis, a second axis, and a third axis that are crystallographic axes of the crystal piece and intersect each other, at a predetermined angle about the third axis is taken as a first tilted axis, and an axis obtained by tilting the third axis at a predetermined angle about the first axis is taken as a third tilted axis, the first axis corresponds to the first base axis and the third tilted axis corresponds to the second base axis (Figs 1-3, wherein this merely states an axes system without positively reciting how the device or any of its components are oriented relative to the axes system, and therefore does not further limit the details of the device). With respect to claim 11, Misu et al. discloses the crystal oscillation element according to claim 1, wherein the protruding portions comprise a same material as the flat plate portions in the excitation electrode unit (Figs 2-3). With respect to claim 12, Misu et al. discloses the crystal oscillation element according to claim 1, wherein the protruding portions comprise a material different from that of the flat plate portions in the excitation electrode unit (Figs 18-20 and column 20, lines 7-12). With respect to claim 13, Misu et al. discloses the crystal oscillation element according to claim 1, wherein the protruding portions comprise an insulating material (column 20, lines 7-12). With respect to claim 15, Misu et al. discloses a crystal oscillation element (Figs 1-3) comprising: a crystal piece (item 3) having principal planes defined by a first base axis and a second base axis that intersects the first base axis (Fig 1, wherein the device has two horizontal axes defining the first and second axes); and an excitation electrode unit (item 4) at the principal planes of the crystal piece and having flat plate portions (Fig 2, central portion of electrode 4) and thick film portions (items 20) that are located at electrode ends on the principal planes of the crystal piece and that have a thickness larger than a thickness of the flat plate portions (Figs 2-3), wherein each thick film portion has protruding portions located at the electrode ends in an axis direction of the first base axis on the principal plane and extend in an axis direction of the second base axis (Figs 2-3) With respect to claim 16, Misu et al. discloses the crystal oscillation element according to claim 15, wherein, when a voltage is applied to the excitation electrode unit, the crystal piece is configured to perform thickness- shear vibrations by vibrating in a plane defined by a thickness direction and the first base axis, where the thickness direction intersects the principal planes (column 13,lines 41-60). With respect to claim 17, Misu et al. discloses the crystal oscillation element according to claim 15, wherein the protruding portions comprise an insulating material (column 20, lines 7-12). With respect to claim 18, Misu et al. discloses a crystal oscillation element (Figs 1-3) comprising: a crystal piece (item 3) having principal planes defined by a first base axis and a second base axis that intersects the first base axis (Fig 1, wherein the device has two horizontal axes defining the first and second axes); and an excitation electrode unit (item 4) at the principal planes of the crystal piece and having flat plate portions (Fig 2, central portion of electrode 4) and thick film portions (items 20) that are located at electrode ends on the principal planes of the crystal piece and that have a thickness larger than a thickness of the flat plate portions (Figs 2-3), wherein each thick film portion has protruding portions that are located at the electrode ends in an axis direction of the second base axis on the principal plane and extend in an axis direction of the first base axis (Figs 2-3). With respect to claim 19, Misu et al. discloses the crystal oscillation element according to claim 18, wherein, when a voltage is applied to the excitation electrode unit, the crystal piece is configured to perform thickness- shear vibrations by vibrating in a plane defined by a thickness direction and the first base axis, where the thickness direction intersects the principal planes (column 13,lines 41-60). With respect to claim 20, Misu et al. discloses the crystal oscillation element according to claim 18, wherein the protruding portions comprise an insulating material (column 20, lines 7-12) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 3, 4, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Misu et al. in view of Han et al. (US 2017/0237409) . With respect to claim 3, Misu et al. discloses the crystal oscillation element according to claim 1. Misu does not disclose that the first protruding portions and the second protruding portions comprise aluminum, and a maximum value of the cross-sectional area of each of the first protruding portion and the second protruding portion at which a vibration characteristic of the crystal oscillation element satisfies a predetermined condition increases as the ratio of the thickness of the flat plate portion to the thickness of the crystal piece increases. Han et al. teaches a piezoelectric crystal oscillation element in which the first protruding portions and the second protruding portions comprise aluminum (Paragraph 61). Before the effective filing, it would have been obvious to one of ordinary skill in the art to combine the aluminum electrode material of Han et al. with the crystal oscillation element of Misu et al. as aluminum is a commonly used, inexpensive conductive material and it has been held that the selection of a material based on art-recognized suitability for an intended purpose is obvious ( In re Leshin , 125 USPQ 416). The language “a maximum value of the cross-sectional area of each of the first protruding portion and the second protruding portion at which a vibration characteristic of the crystal oscillation element satisfies a predetermined condition increases as the ratio of the thickness of the flat plate portion to the thickness of the crystal piece increases” is merely a statement of an inherent relationship between properties and device dimensions that does not positively recite values for the properties or dimensions; therefore, this language does not further limit the details of the device. With respect to claim 4, the combination of Misu et al. and Han et al. discloses the crystal oscillation element according to claim 3 . The language “wherein the maximum value of the cross-sectional area of each of the first protruding portion and the second protruding portion at which the vibration characteristic of the crystal oscillation element satisfies the predetermined condition is represented by a linear function with the ratio of the thickness of the flat plate portion to the thickness of the crystal piece as a variable” is merely a statement of an inherent relationship between properties and device dimensions that does not positively recite values for the properties or dimensions; therefore, this language does not further limit the details of the device. With respect to claim 6, Misu et al. discloses the crystal oscillation element according to claim 5. Misu does not disclose that the first protruding portions and the second protruding portions comprise aluminum, and a maximum value of the cross-sectional area of each of the first protruding portion and the second protruding portion at which a vibration characteristic of the crystal oscillation element satisfies a predetermined condition increases as the ratio of the thickness of the flat plate portion to the thickness of the crystal piece increases. Han et al. teaches a piezoelectric crystal oscillation element in which the first protruding portions and the second protruding portions comprise aluminum (Paragraph 61). Before the effective filing, it would have been obvious to one of ordinary skill in the art to combine the aluminum electrode material of Han et al. with the crystal oscillation element of Misu et al. as aluminum is a commonly used, inexpensive conductive material and it has been held that the selection of a material based on art-recognized suitability for an intended purpose is obvious ( In re Leshin , 125 USPQ 416). The language “a maximum value of the cross-sectional area of each of the first protruding portion and the second protruding portion at which a vibration characteristic of the crystal oscillation element satisfies a predetermined condition increases as the ratio of the thickness of the flat plate portion to the thickness of the crystal piece increases” is merely a statement of an inherent relationship between properties and device dimensions that does not positively recite values for the properties or dimensions; therefore, this language does not further limit the details of the device. With respect to claim 7, the combination of Misu et al. and Han et al. discloses the crystal oscillation element according to claim 6 . The language “wherein the maximum value of the cross-sectional area of each of the first protruding portion and the second protruding portion at which the vibration characteristic of the crystal oscillation element satisfies the predetermined condition is represented by a linear function with the ratio of the thickness of the flat plate portion to the thickness of the crystal piece as a variable” is merely a statement of an inherent relationship between properties and device dimensions that does not positively recite values for the properties or dimensions; therefore, this language does not further limit the details of the device . 07-21-aia AIA Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Misu et al.in view of Tanaka et al. (US 2014/0292437) . With respect to claim 14, Misu et al. discloses a crystal oscillator comprising: the crystal oscillation element according to claim 1 (Figs 1-3). Misu et al. does not disclose a base on which the crystal oscillation element is mounted; and a lid joined to the base to seal the crystal oscillation element. Tanaka et al. teaches a piezoelectric crystal oscillation element (Figs 17-18) including a base (item 41) on which the crystal oscillation element (item 1) is mounted; and a lid (item 4) joined to the base to seal the crystal oscillation element (Figs 17-18). Before the effective filing, it would have been obvious to one of ordinary skill in the art to combine the base and lid of Tanaka et al. with the crystal oscillation element of Misu et al. for the benefit of better protecting the oscillation element by providing an enclosure (Figs 17-18 of Tanaka et al.). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Derek John Rosenau whose telephone number is (571)272-8932. The examiner can normally be reached Monday-Thursday 7 am to 5:30 pm Central Time. 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 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DEREK J ROSENAU/Primary Examiner, Art Unit 2837 Application/Control Number: 18/297,720 Page 2 Art Unit: 2837 Application/Control Number: 18/297,720 Page 3 Art Unit: 2837 Application/Control Number: 18/297,720 Page 4 Art Unit: 2837 Application/Control Number: 18/297,720 Page 5 Art Unit: 2837 Application/Control Number: 18/297,720 Page 6 Art Unit: 2837 Application/Control Number: 18/297,720 Page 7 Art Unit: 2837 Application/Control Number: 18/297,720 Page 8 Art Unit: 2837 Application/Control Number: 18/297,720 Page 9 Art Unit: 2837 Application/Control Number: 18/297,720 Page 10 Art Unit: 2837 Application/Control Number: 18/297,720 Page 11 Art Unit: 2837
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