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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 27 is objected to because of the following informalities: the claim depends from non-existing claim 29. For examination purposes, the claim is examined as depending from claim 26. Appropriate correction is required.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yorinaga et al. (US4658650, hereinafter Yorinaga).
Regarding claim 1, Yorinaga discloses a vibration apparatus (Fig. 2), comprising: a vibration layer including a piezoelectric material (1-1); a first electrode layer (1-2) disposed at a first surface of the vibration layer; a second electrode layer (1-3) disposed at a second surface of the vibration layer different from the first surface; and a discharge member (2) electrically connected to the first electrode layer and the second electrode layer.
Claims 1, 8-11, 20, 23 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohba et al. (US4658155, hereinafter Ohba).
Regarding claim 1, Ohba discloses a vibration apparatus (PA, Figs. 1-2), comprising: a vibration layer including a piezoelectric material (21); a first electrode layer (22) disposed at a first surface of the vibration layer; a second electrode layer (23) disposed at a second surface of the vibration layer different from the first surface; and a discharge member (SWC) electrically connected to the first electrode layer and the second electrode layer (See abstract and the description of the preferred embodiment).
Regarding claim 8, Ohba discloses a signal supply member (power source), wherein the signal supply member comprises: a first signal line electrically connected to the first electrode layer; and a second signal line electrically connected to the second electrode layer. See Fig. 1.
Regarding claim 9, the discharge member is configured at the signal supply member as shown in Fig. 1.
Regarding claim 10, the discharge member comprises a resistance member (R4, R5) electrically connected between the first signal line and the second signal line.
Regarding claim 11, the discharge member comprises a resistance member and a switch member (PS) electrically connected in series between the first signal line and the second signal line.
Regarding claim 20, the vibration layer is a piezoelectric capacitor, wherein the discharge member is configured to be electrically connected to the capacitor in parallel.
Regarding claim 23, the discharge member is disposed at a same layer as the first signal line and the second signal line.
Regarding claim 26, the apparatus is implicitly disclosed by Ohba.
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 of this title, 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 2, 19 and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Ohba.
Regarding claim 2, Ohba discloses the invention as explained above, including a switching circuit which turns into a high resistance state. Ohba fails to explicitly disclose the specific 100Ὠ value of the resistance. It would have been obvious to one with ordinary skill in the art before the effective filing date of the instant application to determine a specific resistance value, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2nd 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 19, Ohba shows in Fig. 2 the electrode formed on the surface of the piezoelectric layer, but is silent regarding the area covered by the electrodes. However, it is the examiner’s position that forming the electrodes at an entire first surface of the vibration layer other than a periphery portion, would have been an obvious matter of design choice and it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to determine the electrode design as necessitated by the specific requirements of the particular application.
Regarding claim 27, Ohba discloses the invention as explained above, but fails to explicitly disclose the use of an enclosure. However, it is the examiner’s position that this type of piezoelectric elements are usually enclosed and the covering would have been an obvious modification to protect the piezoelectric structure without departing from the teachings of Ohba.
Regarding claim 28, Ohba discloses the invention as explained above, but fails to explicitly disclose the material of the passive vibration member material. Selection from among known, suitable materials has long been held to be within the skill expected of the routineer and therefore obvious to one of ordinary skill in the art without departing from the teachings of Ohba.
Allowable Subject Matter
Claims 3-7, 12-18, 21, 22, 24, and 25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The references of the Prior Art fail to teach or disclose, alone or in obvious combination, the claimed invention as described in claim 3 wherein the discharge member is disposed at a lateral surface of the vibration layer. Regarding claim 12, the references fail to disclose a first cover member covering the first electrode layer; and a second cover member covering the second electrode layer, wherein a portion of the signal supply member is disposed between the first cover member and the second cover member. Regarding claim 13, the references fail to disclose the vibration apparatus comprising a printed circuit board electrically connected to the signal supply member, in combination with the structural elements of any intervening claim. Regarding claim 25, the references of the Prior Art fail to disclose, either alone or in combination, the structural arrangement of the vibration apparatus comprising a plurality of first portions; and a plurality of second portions, wherein each of the plurality of first portion is disposed between two adjacent second portions of the plurality of second portion, wherein each of the plurality of first portions includes an inorganic material having a piezoelectric effect, and wherein each of the plurality of second portions includes an organic material having a flexible characteristic in combination with the structural elements of the intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jaydi San Martin whose telephone number is (571)272-2018. The examiner can normally be reached on M-Th 7:45-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached on 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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/J. San Martin/
Primary Examiner, Art Unit 2837
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