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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is inoperative and therefore lacks utility.
Claim 1 discloses a method of making an ambient energy converter composed of first and second electrodes made of conductors of different materials with different concentrations of free electrons and a layer of ferroelectric material, but does not claim any energy applied to the ambient energy converter.
Ferroelectric material is known to produce electricity from pressure (piezoelectricity) or temperature change (pyroelectricity) and to have electrical polarization when an electrical field is applied to the material (see APPLICATION OF FERROELECTRIC MATERIALS FOR IMPROVING OUTPUT POWER OF ENERGY HARVESTERS, Kim et al., Nano Convergence, pgs 2-3, “2 Ferroelectric Materials”). Claim 1 does not disclose pressure, temperature change or an electric field being applied to the ferroelectric material
Applicant stated the device absorbs environmental energies simply by being assembled (see interview summary sent 12/9/20 of parent application 16077393); and discloses in the specification that the ambient energy converter absorb energy from the environment ([0003]) “such as gravitational energy, cosmic rays, electric fields, magnetic fields in the environment, for example, in the form of electromagnetic waves of different frequencies, from extremely low mechanical vibrations, sound, radio waves, light radiation,—from infrared to ultraviolet, as well as the entire range of X-rays, into electricity” ([0062-0063).
The ambient energy converter being capable of employing all these energies is not a known scientific principal and an incredible claim.
Additionally, Kim et al. discloses barium titanate (BaTiO3) between an electrode made of Au and an electrode made of Pt (figs 2a & 2c, pgs 4-5, “3.1.2 Thin Film Perovskite PENG”) and shows electricity is only generated when pressure is applied (fig 2d, where current and voltage spikes occur during bending), and does not absorb energy from the environment, demonstrating a ferroelectric material having electrodes of different metals does not produce electricity simply by being assembled.
Since no energy is being applied to the ambient energy converter in a known manner, the ambient energy converter is creating energy, which violates the first law of thermodynamics (energy cannot be created or destroyed in an isolated system). Therefore the invention is inoperative. Claims 2-15 are rejected since they depend on claim 1.
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 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.
Claims 1-4, 8-11 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Shuminskyi et al. (RU2419951, “Shuminskyi ‘951”, using machine translation) in view of Heywang (SEMICONDUCTING BARIUM TITANATE, Journal of Materials Science 6, 1971, pgs 1214-1226, “Heywang”).
Re claim 1, Shuminskyi ‘951 discloses a method of manufacturing an ambient energy converter comprising a plate-shaped supporting substrate of a first conductor material as a first electrode 2 (fig 1, [0026], one of electrodes 2) and a layer structure arranged thereon with a layer of ferroelectric material 3 (fig 1, [0026]) and a layer of a second conductor material different from the first conductor material as a second electrode 2 (fig 1, [0026], other of electrodes 2), wherein the two conductor materials have different concentrations of free electrons (fig 1, [0026] & [0030-0038]), wherein the method comprises the steps of:
providing a plate of the conductor material intended for the first electrode 2 as a supporting substrate (fig 1, [0040-0043]);
subjecting the carrier substrate to at least one surface treatment ([0043], step using diethyl ether to remove polymethylsiloxane);
depositing the layer of ferroelectric material (BTO layer) 3, on a front side of the carrier substrate (fig 1. [0039] & [0043]);
masking at least edges of the BTO layer 3 on the front side of the carrier substrate while leaving at least one portion located within the edges of the BTO layer free (fig 1, template employed for bismuth layer acts as a mask; from fig 1 template is positioned on at least a side edge of the BTO layer 3 to form second electrode 2); and
applying the conductor material intended for the second electrode 2 to the area kept free of masking (fig 1, [0043]).
Shuminskyi ‘951 discloses claim 1 except for:
the ferroelectric material comprises one or more ferroelectric semiconductors, and wherein ferroelectric semiconductors used as ferroelectric materials are selected from the list of sodium nitrite, barium titanate-based semiconductor ceramics, lithium niobate, potassium niobate, lead titanate;
Heywang discloses semiconducting ceramic barium titanate is ferroelectric material with an extremely high dielectric constant (pg 1214, abstract 2nd paragraph & pg 1214, “3. Bulk Conductivity”, lns 1-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ a semiconducting barium titanate as the ferroelectric material of Shuminskyi ‘951, so that the ferroelectric material comprises one or more ferroelectric semiconductors, and wherein ferroelectric semiconductors used as ferroelectric materials are selected from the list of sodium nitrite, barium titanate-based semiconductor ceramics, lithium niobate, potassium niobate, lead titanate, in order to provide a ferroelectric material with an extremely high dielectric constant to store more electrical energy, as taught by Heywang (pg 1214, abstract 2nd paragraph), as well as to try other ferroelectric materials since Shuminskyi ‘951 teaches ferroelectric materials with dissimilar conductive plates generate electricity (pg 3, lns 1-6).
Re claim 2, Shuminskyi ‘951 in view of Heywang disclose claim 1 as discussed above and further discloses after depositing the layer of ferroelectric material (BTO layer) to the front side of the carrier substrate (Shuminskyi ‘951 [0043]), and before the application of the conductor material intended for the second electrode to the portion kept free of the masking (Shuminskyi ‘951 [0043]).
Shuminskyi ‘951 in view of Heywang are silent with respect to a check of the BTO layer is carried out at least within the portion kept free of the masking for at least sectional homogeneity of its layer thickness and/or at least sectional closed covering of the carrier substrate.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a check of the BTO layer is carried out at least within the portion kept free of the masking for at least sectional homogeneity of its layer thickness and/or at least sectional closed covering of the carrier substrate, in order to ensure a proper layer has been applied. It would only take ordinary skill in the art to check for quality of layers during assembly in order to ensure a functioning device.
Re claim 3, Shuminskyi ‘951 in view of Heywang disclose claim 1 as discussed above and further disclose as an additional process step, the BTO layer is doped before the conductor material intended for the second electrode is applied to the portion kept free of the masking (Heywang, pg 1214, abstract 2nd paragraph, teaches employing doped barium titanate to get high dielectric constant, so BTO layer is a doped material when applied to the first electrode).
Re claim 4, Shuminskyi ‘951 in view of Heywang disclose claim 1 as discussed above and further disclose as an additional process step, the ferroelectric material intended for the BTO layer is doped prior to the deposition of the BTO layer (Heywang, pg 1214, abstract 2nd paragraph, teaches employing doped barium titanate to get high dielectric constant, so BTO layer is a doped material when applied to the first electrode).
Re claim 8, Shuminskyi ‘951 in view of Heywang disclose claim 1 as discussed above. Shuminskyi ‘951 further discloses the carrier substrate is degreased as a surface treatment ([0043], diethyl ether is capable of degreasing).
Re claim 9, Shuminskyi ‘951 in view of Heywang disclose claim 1 as discussed above. Shuminskyi ‘951 further discloses nickel (Ni), silver (AG), brass, aluminum (Al), and alloyed iron (Fe), are used as conductor materials ([0030-0038], uses aluminum, iron & nickel), wherein different conductor materials are used for the first and for the second electrode 2 ([0026]).
Re claim 10, Shuminskyi ‘951 in view of Heywang disclose claim 1 as discussed above. Shuminskyi ‘951 further discloses nickel (Ni), silver (AG), brass, aluminum (Al), and steel ([0030-0038], uses aluminum & nickel), are used as conductor materials, wherein different conductor materials are used for the first and for the second electrode ([0026]).
Re claim 11, Shuminskyi ‘951 in view of Heywang disclose claim 1 as discussed above. Shuminskyi ‘951 further discloses at least parts of the process take place under vacuum conditions ([0040]).
Re claim 14, Shuminskyi ‘951 in view of Heywang disclose claim 1 as discussed above. Shuminskyi ‘951 further discloses at least one carrier substrate is arranged on a carrier ([0043]), in order to run through the treatment steps provided in the various method steps or to execute them successively ([0043].
Re claim 15, Shuminskyi ‘951 in view of Heywang disclose claim 1 as discussed above. Shuminskyi ‘951 further discloses the ambient energy converter is inserted into a housing 1 (fig 1, [0026]).
Claims 5-6 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Shuminskyi in view of Heywang and in further view of Ito et al. (JP09321234, “Ito”, using machine translation).
Re claims 5 and 6, Shuminskyi ‘951 in view of Heywang disclose claim 1 as discussed above but are silent with respect to:
the application of the ferroelectric material and/or the application of the conductor material provided for the second electrode is carried out by vapor deposition; and
a physical vapor deposition (PVD) is used as the vapor deposition method.
Ito discloses the application of the ferroelectric material and/or the application of the conductor material provided for the second electrode is carried out by vapor deposition ([0016]); and
a physical vapor deposition (PVD) is used as the vapor deposition method ([0016]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the method of Shuminskyi ‘951 in view of Heywang so the application of the ferroelectric material and/or the application of the conductor material provided for the second electrode is carried out by vapor deposition; and a physical vapor deposition (PVD) is used as the vapor deposition method, as disclosed by Ito, in order to use a known method for forming the ferroelectric material, as taught by Ito ([0016]).
Re claims 12 and 13, Shuminskyi ‘951 in view of Heywang disclose claim 1 as discussed above but are silent with respect to:
at least parts of the process take place under an inert gas atmosphere; and
at least parts of the process take place under a noble gas atmosphere.
Ito discloses at least parts of the process take place under an inert gas atmosphere ([0023], argon, noble gases are inherently inert); and
at least parts of the process take place under a noble gas atmosphere ([0023], argon).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the method of Shuminskyi ‘951 in view of Heywang at least parts of the process take place under an inert gas atmosphere; and at least parts of the process take place under a noble gas atmosphere, as disclosed by Ito, in order to use a known method for forming the ferroelectric material, as taught by Ito ([0016] & [0023]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Shuminskyi in view of Heywang and in further view of Toyoda et al. (WO200805394, “Toyoda”, using machine translation).
Re claim 7, Shuminskyi ‘951 in view of Heywang disclose claim 1 as discussed above, but are silent with respect to a rear side of the carrier substrate is subjected to a surface treatment by abrasive blasting.
Toyoda discloses a rear side of the electrode 50 is subjected to a surface treatment by abrasive blasting (fig 7, [0046-0047]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to subject a rear side of the carrier substrate of Shuminskyi ‘951 in view of Heywang to a surface treatment by abrasive blasting, as disclosed by Toyoda, in order to roughen the surface of the carrier substrate for attachment to support structures, such as a housing, as taught by Toyoda ([0046-0047]).
Conclusion
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/ERIC JOHNSON/Primary Examiner, Art Unit 2834