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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 7-8, 10-15 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.
Claim Rejections - 35 USC § 102
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 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, and 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yi et al. (US 2020/0273621).
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Regarding claim 1, Yi et al. disclose a multilayer electronic component (100) comprising:
a body (110) comprising:
a dielectric layer (111); and
first (122) and second (121) internal electrodes alternately arranged with the dielectric layer (111) interposed therebetween in a first direction (z),
wherein the body (111) includes: first (1) and second (2) surfaces opposing each other in the first direction (z), third (3) and fourth (4) surfaces opposing each other in a second direction (x) and connected to the first (1) and second (2) surfaces, fifth (5) and sixth (6) surfaces opposing each other in a third direction (y) and connected to the first to fourth surfaces, a first corner connecting the third surface (3) to the first (1), second (2), fifth (5), and sixth (6) surfaces, and a second corner for connecting the fourth surface (4) to the first (1), second (2), fifth (5) and sixth (6) surfaces;
a first external electrode (130) disposed on the third surface (3), the first external electrode (130) including a first-first electrode layer (first-first conductive resin layer – 133) disposed on the third surface (3) and the first corner (see circled area above), and a first-second electrode layer (134-135) disposed on the first-first electrode layer (133) and extends to a portion of the first (1), second (2), fifth (5), and sixth (6) surfaces;
a second external electrode (140) disposed on the fourth surface (4), the second external electrode (140) including a second-first electrode layer (second-first conductive resin layer – 143) disposed on the fourth surface (4) and the second corner, and
a second-second electrode layer (144, 145) disposed on the second-first electrode layer (143) and extends to a portion of the first (1), second (2), fifth (5), and sixth (6) surfaces; and
a protective layer (132, 142) including a first glass ([0016], claim 9) and disposed between the first-first electrode layer (133) and the first corner and between the second-first electrode layer (143) and the second corner,
wherein the protective layer (132, 142) is disposed to be spaced apart from: (i) an extension line extending along the first direction (z) and from a first end of an outermost of the first internal electrode (122), where the first end is closer to the fourth surface (4) than to the third surface (3),
and (ii) an extension line extending along the first direction (z) and from a second end of an outermost of the second internal electrode (121), where the second end is closer to the third surface (3) than to the fourth surface (4).
Regarding claims 13-15, Yi et al. disclose the claimed invention. The limitations, "the first external electrode may further include a first additional electrode layer disposed between the first-first electrode layer and the first-second electrode layer" and "the second external electrode may further include a second additional electrode disposed between the second-first electrode layer and the second-second electrode layer" specify the first and second additional electrodes layers are optional.
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 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) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yi et al. (US 2020/0273621).
Regarding claim 10, Yi et al. disclose the claimed invention except for the first-first and second-first electrode layers include Ni, and the first-second and second-second electrode layers include Cu.
Ni and Cu external electrode layers are well known in the multilayer ceramic capacitor art.
It would have been obvious to a person of ordinary skill in the external electrode art to form the first-first and second-first electrode layers include Ni, and the first-second and second-second electrode layers include Cu, since external electrode materials are selected based on design considerations and tradeoffs between cost, mechanical properties, and conductive properties.
It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 7-8, 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yi et al. (US 2020/0273621) in view of Tanaka et al. (JP 2002-163928A).
Regarding claim 7, Yi et al. disclose the claimed invention except for the first glass includes at least one of Na and Fe.
Tanaka et al. disclose a paste composition for use in a ceramic capacitor [0004], wherein the paste composition comprises a glass that includes Na and Fe (table 1).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to form the ceramic capacitor of Kwag, so that the first glass includes at least one of Na and Fe, since such a modification would form a multilayer ceramic capacitor wherein the protective layer has good binding property and excellent characteristics [0007].
Regarding claim 8, the modified Yi et al. discloses the first glass includes Fe (Tanaka et al. - table 1).
Regarding claim 11, Yi et al. disclose the claimed invention except for the first glass includes an oxide including Fe.
Tanaka et al. disclose a paste composition for use in a ceramic capacitor [0004], wherein the paste composition comprises an oxide that includes Fe (table 1).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to form the ceramic capacitor of Yi et al. so that the first glass includes a Fe oxide, since such a modification would form a multilayer ceramic capacitor wherein the protective layer has good binding property and excellent characteristics [0007].
Regarding claim 12, the modified Yi et al. disclose the oxide including Fe is FeOx, where X is a positive rational number excluding 0 (table 1, Fe203).
Allowable Subject Matter
Claims 16-20, 22, 24-50 are allowed.
Claim 2-6, 9 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: In combination with the other claim limitations, the prior art does not teach or suggest a multilayer electronic component:
wherein an average distance from an extension line of the third surface to a second directional end of the protective layer disposed on the first corner is less than or equal to twice an average thickness of the first-first electrode layer (claim 3); and
wherein wettability of the second glass with respect to the first conductive metal is greater than that of the second glass with respect to the second conductive metal (claim 42).
Conclusion
Applicant's amendment 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC THOMAS whose telephone number is (571)272-1985. The examiner can normally be reached Monday-Friday, 6:00 AM-2:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Dole can be reached at 571-272-2229. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC W THOMAS/Primary Examiner, Art Unit 2848
ERIC THOMAS
Primary Examiner
Art Unit 2848