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 .
Response to Amendment
In response to the amendment filed on 03/10/2026. Claims 1-5 are pending, claims 1-5 are under examination, and claim 6 is cancelled.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi (U.S. Patent Application Publication 20150231884 A1) in view of Zhang et al (C.N. Patent Application Publication 113555493 A) hereinafter Zhang.
Regarding claim 1, Kobayashi discloses a method of manufacturing a piezoelectric element (Title: Piezoelectric Actuator, Liquid Ejecting Head, and Method of Manufacturing Piezoelectric Actuator) comprising:
an eighth film forming step of forming an adhesion layer at a substrate (¶67, “an adhesive layer 56 … is formed”) (substrate 10, ¶38).
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a fourth processing step of patterning the adhesion layer by etching (¶81, FIG. 5A depicts patterning of a plurality of layers, including the adhesive layer 56);
a first film forming step of forming, after the eighth film forming step (FIG. 5A depicts the first electrode 60 formed after the adhesion layer, being formed on top of the eighth film forming step of an adhesive layer), a first electrode (first electrode 60, ¶43) at the adhesion layer and the substrate (FIG. 5A depicts the first electrode 60 being formed onto the adhesion layer 56 and substrate 10);
a second film forming step of forming a first piezoelectric layer at the first electrode (¶39, “a first seed layer 65 which is provided on the first electrode 60 and of which details will be described later, a first piezoelectric layer 71 that is provided on the first seed layer 65”)(¶58 discloses that a second layer 82 may be omitted. One of ordinary skill in the art can understand that this could be done to any layer. Thus, first seed layer 65 may be omitted such that the first piezoelectric layer can be directly provided on the first electrode);
a first processing step of patterning the first electrode and the first piezoelectric layer by etching (¶81, “illustrated in FIG. 5A, the adhesive layer 56, the first electrode 60, the first seed layer 65, and the first piezoelectric layer 71 are collectively patterned”); and
a third film forming step of forming, after the first processing step, a second piezoelectric layer to cover the first electrode, the first piezoelectric layer, and the substrate (¶84, “illustrated in FIG. 5C, the second piezoelectric layer 72 is formed on the second seed layer 66”)(¶58, as described above, the layers may be removed, namely the second seed layer 66, to allow for the second piezoelectric layer to be directly provided on the first piezoelectric layer).
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Though Kobayashi does disclose the method steps, including the steps of an eighth film forming step of forming the adhesion layer at the substrate and a fourth processing step of patterning the adhesion layer by etching, Kobayashi only fails to disclose the fourth processing step occurring before the first film forming step. As depicted in Kobayashi FIG. 5A above, the first electrode 60 is provided onto the adhesive layer 56 before the process of etching such that both are etched simultaneously, having both ends of the layers exposed.
Zhang discloses a method of manufacturing semiconductors (Title: Semiconductor Packaging Structure a Semiconductor Packaging Method) wherein a first film forming step (plating layers, p. 6, ll. 37-39, “placing the patterned mesh on the sacrificial adhesive layer 135, then plating to form metal shielding layer 150 and vent 153, metal shielding layer 150 is covered outside the sacrificial adhesive layer 135”) occurring after the eighth film forming step (glue, p. 6, ll. 34-37) and the fourth processing step (form a convex structure, p. 6, ll. 34-37).
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While Kobayashi discloses the method of manufacturing a piezoelectric element comprising a plurality of layers with the steps of providing and processing said layers in a varied order of manufacturing compared to the amended claim 1, Zhang discloses a method of applying a film layer, namely an adhesive layer, that can be fully encompassed and covered above by additional layers. Specifically, utilizing all the elements of Kobayashi, Zhang teaches a method of shaping an adhesive before providing a layer on top of the adhesive. In this case, utilizing such a method would allow for a processing step to be applied to the adhesive layer of Kobayashi to then be covered by the first electrode of Kobayashi, as claimed in the amended claim 1. Thus, it would have been obvious by one of ordinary skill in the art before the effective filing date to utilize Zhang’s shaping method and apply it to Kobayashi’s method to yield predictable results, allowing for additional covering and protection of internal structures/layers (p. 10, ll. 26-29).
Regarding claim 2, Kobayashi further discloses the method of manufacturing a piezoelectric element according to claim 1, as detailed above, further comprising:
a second processing step of patterning the second piezoelectric layer by etching (¶85, “the first layer 81 is formed on the second piezoelectric layer 72, and the first layer 81 and the second piezoelectric layer 72 are patterned”); and
a fourth film forming step of forming a second electrode at the second piezoelectric layer after the second processing step (¶110, “an iridium film having a thickness of 50 nm was formed on the second piezoelectric layer 72 by a sputtering method, and the iridium film was patterned by photolithography in a desired size to form the second electrode 80”).
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Regarding claim 3, Kobayashi further discloses the method of manufacturing a piezoelectric element according to claim 1, as detailed above, further comprising:
a fifth film forming step of forming the second electrode at the second piezoelectric layer (¶86, “the first layer 81, on a patterned side surface of the second piezoelectric layer 72, on the insulating film 52, and on the first electrode 60, and the second layer 82 is patterned to form the second electrode 80”); and
a third processing step of patterning the second piezoelectric layer and the second electrode by etching (patterned, ¶85).
Regarding claim 4, Kobayashi further discloses the method of manufacturing a piezoelectric element according to claim 3, as detailed above, further comprising:
a sixth film forming step (¶86 discloses the forming step of several layers) of forming a conductive layer (second layer 82, ¶86) to cover the second electrode and the second piezoelectric layer.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi in view of Zhang as applied in claim 3, and further in view of Takakuwa (J.P. Patent Publication 2011124254 A).
Regarding claim 5, Kobayashi further discloses the method of manufacturing a piezoelectric element according to claim 3, as detailed above.
However, Kobayashi and Zhang fail to teach or suggest a seventh film forming step of forming a protective film at a side surface of the second piezoelectric layer.
Takakuwa teaches a method of manufacturing (Title: Piezoelectric Element, Piezoelectric Actuator, Droplet Jetting Head, and Droplet Jetting Device”) comprising:
a seventh film forming step of forming a protective film (p. 3, ll. 40-41, “The protective layer 50 is formed so as to cover the substrate 10 and the upper surface and side surfaces of the stacked body 110”) at a side surface (as seen in annotated FIG. 8 below) of the second piezoelectric layer (p. 3, ll. 27-29, “the second conductive layer 40 is formed on the piezoelectric layer 30. The thickness of the second conductive layer 40 is not limited as long as it does not adversely affect the operation of the stacked body 110”).
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Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to take the protective layer disclosed by Takakuwa and implement it into the piezoelectric manufacturing method of Kobayashi would have yielded predictable results, allowing for covering and serving to prevent impurities within the layered structure. More specifically, to prevent the contamination or diffusion of outside moisture, hydrogen, and other reducing gases from entering the piezoelectric layer (p. 3, ll. 43-46).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment1 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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/E.D.L./Examiner, Art Unit 3729 /THOMAS J HONG/Supervisory Patent Examiner, Art Unit 3729
1 The 3/10/2026 amendment introduces new limitation, inter alia, “forming … a first electrode at the adhesion layer.”
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