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 .
Foreign Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 1, 2024 is in compliance with the provisions of 37 CFR 1.97 and 37 CFR 1.98. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings
The drawings were received on December 22, 2023. These drawings are accepted.
Specification
The disclosure is objected to because of the following informalities:
(i) The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Appropriate correction is required.
Examiner Comments
The Examiner has cited particular columns and line numbers, paragraphs, or figures in the reference(s) as applied to the claims for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the Applicant, in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
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.
Claims 1-4, 6, 8-11, 13, 14, 17, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukiharu (JP 04-207409 A).
As per claim 1, Fukiharu (JP 04-207409 A) discloses an acoustic wave device ("surface acoustic wave apparatus" in description section) and a method of manufacturing the same (as per claim 20) comprising: a first busbar segment (e.g. 1 - see Figs. 1, 2) disposed along a first direction (e.g., the left-right direction of Figs. 1, 2); a first finger electrode (e.g., 3d) extending in parallel to a second direction (e.g., top-bottom direction of Figs. 1, 2) from a first terminal (end to which the electrode connects to its busbar) to a second terminal (distal end of the finger electrode), wherein the first terminal of the first finger electrode (3d) contacts the first busbar segment (1); and a second finger electrode (e.g., 3e) extending in parallel to the second direction (e.g., top-bottom direction of Figs. 1, 2) from a first terminal (end to which the electrode connects to its busbar) to a second terminal (distal end of the finger electrode), wherein the first terminal of the second finger electrode (3e) contacts the first busbar segment (1); wherein the second finger electrode (3e) is disposed to be separated from the first finger electrode (see Figs. 1, 2), and wherein the first busbar segment (1) has a first dimension (e.g., the distance along the top-bottom direction from the top of the busbar (1) as seen in Figs. 1, 2 to the portion where (3d) connects to the busbar (1)) and a second dimension (e.g., the distance along the top-bottom direction from the top of the busbar (1) as seen in Figs. 1, 2 to the portion where (3e) connects to the busbar (1)) both measured in parallel to the second direction (e.g., top-bottom direction of Figs. 1, 2), the first dimension is located corresponding to the first finger electrode (3d), the second dimension is located corresponding to the second finger electrode (3e), and the first dimension is different from the second dimension - see Figs. 1, 2 of Fukiharu (JP 04-207409 A).
As per claim 2, wherein: the first finger electrode (3d) has a first centerline (center of the first finger electrode (3d) extending in the second direction) in parallel to the second direction and the first finger electrode (3d) further has a first edge (e.g., left side of the first finger electrode 3d) and a second edge (e.g., right side of first finger electrode 3d) both in parallel to the first centerline, wherein a first corner is formed by the first edge of the first finger electrode and the first busbar segment (1) (Figs. 1-2), a second corner is formed by the second edge of the first finger electrode (3d) and the first busbar segment (1) (Figs. 1-2), and a first line is drawn between the first corner and the second corner, and an intersection point formed by the first line and the first centerline is defined as the first terminal (end of first finger electrode 3d that makes contact with busbar 1 - Figs. 1-2) of the first finger electrode (3d); the second finger electrode (3e) has a second centerline (center of the second finger electrode 3e extending in the second direction) in parallel to the second direction, and the second finger electrode (3e) further has a first edge (e.g., left side of the second finger electrode 3e) and a second edge (e.g., right side of the second finger electrode 3e) in parallel to the second centerline, wherein a third corner is formed by the first edge of the second finger electrode and the first busbar segment (1) (Figs. 1-2), a fourth second corner is formed by the second edge of the second finger electrode (3e) and the first busbar segment (1) (Figs. 1-2), a second line is drawn between the third corner and the fourth corner, and an intersection point formed by the second line and the second centerline is defined as the first terminal of the second finger electrode (end of second finger electrode that makes contact with busbar 1 - Figs. 1-2); and the first busbar segment (1) has a first side (e.g., top-most side of busbar 1 as seen in Figs. 1-2) in parallel to the first direction, the first dimension is measured in parallel to the second direction (perpendicular to the first direction) from the first side of the first busbar segment (1) to the first terminal of the first finger electrode (end of first finger electrode that makes contact with busbar 1 - Figs. 1-2), and the second dimension is measured in parallel to the second direction from the first side of the first busbar segment (1) to the first terminal of the second finger electrode (end of second finger electrode that makes contact with busbar 1 - Figs. 1-2).
As per claim 3, further comprising: a third finger electrode (e.g., 3f) extending in parallel to the second direction from a first terminal (end to which the electrode 3f connects to its busbar (1)) to a second terminal (distal end of the finger electrode 3f); wherein the first terminal of the third finger electrode (3f) contacts the first busbar segment (1), and the third finger electrode (3f)is disposed to be separated from the first finger electrode (3d); the second finger electrode (3e) is disposed between the first finger electrode (3d) and the third finger electrode (3e); and the first busbar segment (1) further has a third dimension (e.g., the distance along the top-bottom direction from the top of the busbar (1) as seen in Figs. 1, 2 to the portion where (3f) connects to the busbar (1)) measured in parallel to the second direction, and the third dimension is located corresponding to the third finger electrode (3f) - see Figs. 1, 2..
As per claim 4, wherein the first dimension is greater than the second dimension, and the second dimension is greater than the third dimension - see Figs. 1, 2.
As per claim 6, wherein: among finger electrodes (e.g., 3d, 3e, 3f) extending from the first busbar segment (1), the first finger electrode (3d) and the third finger electrode (3f) are two finger electrodes most adjacent to the second finger electrode (3e); wherein: a difference of the first dimension minus the second dimension is equal to a difference of the second dimension minus the third dimension; or a quotient of the first dimension divided by the second dimension is equal to a quotient of the second dimension divided by the third dimension - as evidenced to one of ordinary skill in the art by the depictions ion Figs. 1, 2.
As per claim 8, further comprising: a second busbar segment (e.g., 2) disposed along the first direction (e.g., the left-right direction of Figs. 1, 2); a fourth finger electrode (e.g. 4d) extending in parallel to the second direction (e.g., top-bottom direction of Figs. 1, 2) from a first terminal (end to which the electrode connects to its busbar) to a second terminal (distal end of the finger electrode), wherein the first terminal of the fourth finger electrode (4d) contacts the second busbar segment (2); and a fifth finger electrode (e.g., 4e) extending in parallel to the second direction from a first terminal (end to which the electrode connects to its busbar) to a second terminal (distal end of the finger electrode), wherein the first terminal of the fifth finger electrode (4e) contacts the second busbar segment (2); wherein the fifth finger electrode (4e) is disposed to be separated from the fourth finger electrode (4d), and wherein the second busbar segment (2) has a fourth dimension (e.g., the distance along the top-bottom direction from the bottom of the busbar (2) as seen in Fig. 2 to the portion where (4d) connects to the busbar (2)) and a fifth dimension (e.g., the distance along the top-bottom direction from the bottom of the busbar (2) as seen in Fig. 2 to the portion where (4e) connects to the busbar (2)) both measured in parallel to the second direction, the fourth dimension is located corresponding to the fourth finger electrode (4d), the fifth dimension is located corresponding to the fifth finger electrode (4e), and the fourth dimension is different from the fifth dimension - see Fig. 2.
As per claim 9, wherein: the fourth finger electrode (4d) has a fourth centerline (center of the fourth finger electrode (4d) extending in the second direction) in parallel to the second direction, and the fourth finger electrode (4d) further has a first edge (e.g., left side of the finger electrode 4d) and a second edge (e.g., right side of the finger electrode 4d) in parallel to the fourth centerline, wherein a fifth corner is formed by the first edge of the fourth finger electrode (4d) and the second busbar segment (2), a sixth corner is formed by the second edge of the fourth finger electrode (4d) and the second busbar segment (2), a fourth line is drawn between the fifth corner and the sixth corner, and an intersection point formed by the fourth line and the fourth centerline is defined as the first terminal (end of first finger electrode 4d that makes contact with busbar 2 - Figs. 1-2) of the fourth finger electrode (4d); the fifth finger electrode (4e) has a fifth centerline (center of the fifth finger electrode (4e) extending in the second direction) in parallel to the second direction, and the fifth finger electrode (4e) further has a first edge (e.g., left side of the finger electrode 4e) and a second edge (e.g., right side of the finger electrode 4e) in parallel to the fifth centerline, a seventh corner is formed by the first edge of the fifth finger electrode (4e) and the second busbar segment (2), an eighth corner is formed by the second edge of the fifth finger electrode (4e) and the second busbar segment (2), a fifth line is drawn between the seventh corner and the eighth corner, and an intersection point formed by the fifth line and the fifth centerline is defined as the first terminal (center of the fifth finger electrode (4e) extending in the second direction) of the fifth finger electrode (4e); and the second busbar segment (2) has a second side in parallel to the first direction, the fourth dimension is measured in parallel to the second direction from the second side of the second busbar segment (2) to the first terminal of the fourth finger electrode (4e), and the fifth dimension is measured in parallel to the second direction from the second side of the second busbar segment (2) to the first terminal of the fifth finger electrode (4e).
As per claim 10, further comprising: a sixth finger electrode (e.g., 4f) (Figs. 1-2) extending in parallel to the second direction from a first terminal (end of sixth finger electrode 4f that makes contact with busbar 2 - Figs. 1-2) to a second terminal (distal end of finger 4f); wherein the first terminal of the sixth finger electrode (4f) contacts the second busbar segment (2), and the sixth finger electrode (4f) is disposed to be separated from the fourth finger electrode (4d); the fifth finger electrode (4e) is disposed between the fourth finger electrode (4d) and the sixth finger electrode (4f) (Figs. 1-2); and the second busbar segment (2) further has a sixth dimension (e.g., the distance along the top-bottom direction from the bottom of the busbar (2) as seen in Fig. 2 to the portion where (4f) connects to the busbar (2)) measured in parallel to the second direction, and the sixth dimension is located corresponding to the sixth finger electrode (4f).
As per claim 11, wherein the fourth dimension is smaller than the fifth dimension, and the fifth dimension is smaller than the sixth dimension. In this interpretation, going back to claim 8, the fourth finger electrode (and its corresponding dimension) is (4f), the fifth finger electrode (and its corresponding dimension) is (4e) and the sixth finger electrode (and its corresponding dimension) is (4d).
Thus the limitations of claim 11 are met in this interpretation.
As per claim 13, wherein: along the second direction, a dimension of the first finger electrode (3d), a dimension of the second finger electrode (3e), and a dimension of the third finger electrode (3f) are equal to one another; and along the second direction, a dimension of the fourth finger electrode (4d), a dimension of the fifth finger electrode (4e), and a dimension of the sixth finger electrode (4f) are equal to one another - the dimensions of each electrode are considered to be the length from the top or bottom of the respective busbar to the distal tip of each electrode; since each electrode extends the same distance from the top/bottom side of the first/second electrode, they are all seen to have the same "dimension".
As per claim 14, wherein: when viewed along the first direction (left-to-right direction of Figs. 1-2), the first finger electrode (3d), the fourth finger electrode (4d), the second finger electrode (3e), the fifth finger electrode (4e), the third finger electrode (3f) and the sixth finger electrode (4f) are arranged in an order as listed, and are arranged to be at least partially overlapped with one another - see Figs. 1-2.
As per claim 17, wherein: the second terminal of the first finger electrode (3d), the second terminal of the second finger electrode (3e), and the second terminal of the third finger electrode (3f) are aligned with one another along the first direction (left-right direction of Figs. 1-2); and the second terminal of the fourth finger electrode (4d), the second terminal of the fifth finger electrode (4e), and the second terminal of the sixth finger electrode (4f) are aligned with one another along the first direction.
As per claim 19, further comprising: a second busbar segment (e.g., 2) disposed along the first direction (e.g., the left-right direction of Figs. 1, 2); a fourth finger electrode (e.g. 4d) extending in parallel to the second direction (e.g., top-bottom direction of Figs. 1, 2) from a first terminal (end to which the electrode connects to its busbar) to a second terminal (distal end of the finger electrode), wherein the first terminal of the fourth finger electrode (4d) contacts the second busbar segment (2); and a fifth finger electrode (e.g., 4e) extending in parallel to the second direction from a first terminal (end to which the electrode connects to its busbar) to a second terminal (distal end of the finger electrode), wherein the first terminal of the fifth finger electrode (4e) contacts the second busbar segment (2); wherein the fifth finger electrode (4e) is disposed to be separated from the fourth finger electrode (4d), and wherein the second busbar segment (2) has a fourth dimension (e.g., the distance along the top-bottom direction from the bottom of the busbar (2) as seen in Fig. 2 to the portion where (4d) connects to the busbar (2)) and a fifth dimension (e.g., the distance along the top-bottom direction from the bottom of the busbar (2) as seen in Fig. 2 to the portion where (4e) connects to the busbar (2)) both measured in parallel to the second direction, the fourth dimension is located corresponding to the fourth finger electrode (4d), the fifth dimension is located corresponding to the fifth finger electrode (4e), and the fourth dimension is equal to the fifth dimension - see Fig. 1.
As per claim 20, the structure of Fukiharu (JP 04-207409 A) is seen to meet the method steps as set forth in claim 20, which corresponds to the structure of 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 (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.
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.
Claims 15, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Fukiharu (JP 04-207409 A) in view of Kaneda et al. (US 2016/0112030 A1).
See the description of Fukiharu (JP 04-207409 A), supra.
As per claims 15 and 16, Fukiharu (JP 04-207409 A) remains silent with regard to dummy electrodes configured as extending from the busbars in the manner with the gaps as set forth in claims 15 and 16.
Additionally, Fukiharu (JP 04-207409 A) remains silent with regard to the floating electrode as set forth in claim 18.
Such features, however, are known in the art.
As just one example, Kaneda et al. (US 2016/0112030 A1) discloses an analogous acoustic wave device, in the same field of endeavor as Fukiharu (JP 04-207409 A), wherein, as per claims 15 and 16, multiple dummy electrodes (e.g., 24), extending from respective busbars are provided with gaps between the dummy electrodes and aligned, electrode fingers. See Figs. 2, 3, 6, 7A, 7B of Kaneda et al. (US 2016/0112030 A1).
Additionally, as per claim 18, Kaneda et al. (US 2016/0112030 A1) further discloses a floating electrode (e.g., 50) in a manner as set forth by claim 18.
Given the express teachings and motivations, as espoused by Kaneda et al. (US 2016/0112030 A1), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to provide the dummy electrodes in the manner prescribed by claims 15, 16, as taught by Kaneda et al. (US 2016/0112030 A1), in addition to the floating electrode in the manner set forth in claim 18, as also disclosed by Kaneda et al. (US 2016/0112030 A1), to the acoustic wave device of Fukiharu (JP 04-207409 A), in order to advantageously "improve the confinement of the surface acoustic wave in the resonator, there has been known providing dummy electrode fingers between electrode fingers in each of the comb-shaped electrodes" (see paragraph [0003] of Kaneda et al. (US 2016/0112030 A1)) and to provide a common bus electrode (as the floating electrode).
In an obviousness analysis, it is not necessary to find precise disclosure directed to the specific subject matter claimed because inferences and creative steps that a person of ordinary skill in the art would employ can be taken into account. See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007). In this regard, "[a] person of ordinary skill is also a person of ordinary creativity, not an automaton." Id. at 421.
As the U.S. Supreme Court has stated, obviousness requires an "expansive and flexible" approach that asks whether the claimed improvement is more than a "predictable variation" of "prior art elements according to their established functions." KSR, 550 U.S. at 415, 417.
Allowable Subject Matter
Claims 5, 7, and 12 are tentatively objected to as being dependent upon a rejected base claim, but, pending an updated search, amendments or arguments presented by the Applicant and considered by the Examiner in reply to this office communication, would be favorably considered if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Citation of Prior or Relevant Art on enclosed PTO-892
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited art made of record (see the enclosed PTO-892), not applied to the rejection of the claims, supra, each disclose aspects of the claimed invention, including wherein electrode fingers of acoustic wave devices have variable lengths and/or the associated busbars have variable widths connected to the respective electrode fingers.
The best prior art has been applied to the claimed invention (see the rejection of the claims on the applied prior art, supra). However, if Applicant chooses to amend the claims in a manner to obviate the applied prior art, as noted in the rejection, supra, the Applicant is advised to not only carefully review the applied prior art for all it teaches and/or suggests, but also the cited prior art of record in order to obviate any potential rejections based on potential amendment(s); by doing so, compact prosecution on the merits can be enhanced.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to William J Klimowicz whose telephone number is (571)272-7577. The examiner can normally be reached Monday-Thursday, 8:00AM-6PM, ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached at (571)270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM J KLIMOWICZ/Primary Examiner, Art Unit 2688
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