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 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 § 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, 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.
Claims 1, 3-6, 13-14 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Morigasaki et al. (US 20140240896 and hereinafter Morigasaki ‘896) in view of Takashima et al. (US 2014/0009864).
In regards to claim 1, Morigasaki ‘896 discloses a dielectric material comprising: a main component (main component as described in [0006]), a first subcomponent (Zr component – [0017]), a second subcomponent (Gd component – [0022]), and a third subcomponent (Mn component – [0009], [0034]),
wherein the main component includes barium titanate (described in [0044]),
wherein the second subcomponent includes gadolinium of 0.5 mol or more and 2 mol or less with respect to 100 mol of titanium in the dielectric material (see Tables 1-2, Samples 19, 50 and [0099]), and
wherein the third subcomponent includes 0.01 mol or more and 2 mol or less of manganese with respect to 100 mol of titanium in the dielectric material ([0009], [0036]).
Morigasaki ‘896 fails to expressly disclose wherein the first subcomponent includes zirconium of 2 mol or more and 10 mol or less with respect to 100 mol of titanium of the dielectric material, so that a molar ratio of barium to a sum of titanium and zirconium in the dielectric material is more than 0.90 and less than 0.98 with specific specificity. However, Morigasaki ‘896 teaches the first subcomponent includes zirconium of 0 to 30 mols and more preferably 0 to 15 mols with respect to 100 mol of titanium of the dielectric material (see [0017] and [0020]) and further teaches a molar ratio of barium to a sum of titanium and zirconium in the dielectric material is 0.90-1.00 (see [0017]-[0019], noting ‘x’ and ‘y’ can each be adjusted between 0 and 0.1 and more preferably between 0 and 0.05).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the dielectric material of Morigasaki ‘896 with the first subcomponent includes zirconium of 2 mol or more and 10 mol or less with respect to 100 mol of titanium of the dielectric material, so that a molar ratio of barium to a sum of titanium and zirconium in the dielectric material is more than 0.90 and less than 0.98, as taught by Morigasaki ‘896, as one having ordinary skill in the art would have been motivated to do this with a reasonable expectation of success because such a combination and/or modification allows for preventing a specific permittivity of the dielectric layer from being excessively low, for preventing a temperature characteristic of the dielectric layers tends from being deteriorated, and for the specific permittivity of the dielectric layer composed of the dielectric ceramic composition to be improved (Morigasaki ‘896: [0017]-[0020]).
Morigasaki ‘896 fails to expressly disclose wherein the second subcomponent includes gadolinium of 0.5 mol or more and 1 mol or less with respect to 100 mol of titanium in the dielectric material.
Takashima discloses a dielectric material comprising a main component including barium titanate (paragraph [0020]) and wherein the second subcomponent includes gadolinium of 0.5 mol or more and 1 mol or less with respect to 100 mol of titanium in the dielectric material (Table 1, sample 1, wherein Gd is the rare earth element in Re2O3 at an amount of 0.3 moles, and 0.3 moles of Gd2O3, would be 0.6 mol of Gd).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the dielectric material of Morigasaki ‘896 with the 0.6 mol of Gd as taught by Takashima, as one having ordinary skill in the art would have been motivated to do this with a reasonable expectation of success because such a combination and/or modification allows for “good” results of testing of the capacitor dielectric constant, temperature characteristics and longevity (paragraph [0061] and Table 3, sample 1).
In regards to claim 3, modified Morigasaki ‘896 further teaches a rare earth element (Rb or Rc – [0006]) of which an amount is smaller than an amount of gadolinium (see [0023]-[0025] and, for example, Sample 19 in Table 1).
In regards to claim 4, modified Morigasaki ‘896 further teaches a fourth subcomponent (V component – [0035]) including 0.5 mol or less of vanadium with respect to 100 mol of titanium in the dielectric material (see [0035] and, for example, Sample 19 in Table 1).
In regards to claim 5, modified Morigasaki ‘896 further teaches wherein the fourth subcomponent includes 0.05 mol or more and 0.2 mol or less of vanadium with respect to 100 mol of titanium in the dielectric material (see [0035] and, for example, Sample 19 in Table 1).
In regards to claim 6, modified Morigasaki ‘896 further teaches wherein a valence of vanadium in the fourth subcomponent is 5 (see Table 5 and [0069], noting V2O5 is used).
In regards to claim 13, modified Morigasaki ‘896 further teaches a multilayer ceramic electronic device (FIG. 1) comprising: a dielectric material as claimed in claim 1 (see rejection of claim 1).
In regards to claim 14, modified Morigasaki ‘896 further teaches a plurality of internal electrodes (3 – FIG. 1; [0014]) facing each other (seen in FIG. 1);
a dielectric layer (2 – FIG. 1; [0014]) of the dielectric material and is sandwiched by the plurality of internal electrodes (seen in FIG. 1); and
an external electrode (4 – FIG. 1; [0014]) electrically connected to a part of the plurality of internal electrodes (seen in FIG. 1).
In regards to claim 16, modified Morigasaki ‘896 further teaches wherein the dielectric material comprises: a rare earth element (Rb or Rc – [0006]) of which an amount is smaller than an amount of gadolinium (see [0023]-[0025] and, for example, Sample 19 in Table 1).
In regards to claim 17, modified Morigasaki ‘896 further teaches wherein the dielectric material comprises: a fourth subcomponent (V component – [0035]) including 0.5 mol or less of vanadium with respect to 100 mol of titanium in the dielectric material (see [0035] and, for example, Sample 19 in Table 1).
In regards to claim 18, modified Morigasaki ‘896 further teaches wherein the fourth subcomponent includes 0.05 mol or more and 0.2 mol or less of vanadium with respect to 100 mol of titanium in the dielectric material (see [0035] and, for example, Sample 19 in Table 1).
In regards to claim 19, modified Morigasaki ‘896 further teaches wherein a valence of vanadium in the fourth subcomponent is 5 (see Table 5 and [0069], noting V2O5 is used).
Claims 2, 7, 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over modified Morigasaki ‘896 in view of Takashima et al. and further in view of Tamura et al. (US 20110164346 and Tamura ‘346).
In regards to claim 2, modified Morigasaki ‘896 further teaches a plurality of crystal grains each including a core portion and a shell portion surrounding the core portion ([0027], [0029]).
Modified Morigasaki ‘896 fails to expressly disclose wherein a total concentration of zirconium and manganese in the core portion is lower than a total concentration of zirconium and manganese in the shell portion.
Tamura ‘346 teaches the core portion having (Ba1-x-yCaxSry)TiO3 as a main component and the shell portion having components other than element composing the main component diffused in the main component (see FIGs. 2-3 and [0040]-[0041], [0030]); therefore modified Morigasaki ‘896 as modified by Tamura ‘346 teaches wherein a total concentration of zirconium and manganese in the core portion is lower than a total concentration of zirconium and manganese in the shell portion.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Tamura ‘346 with modified Morigasaki ‘896 to incorporate the core portion having (Ba1-x-yCaxSry)TiO3 as a main component and the shell portion having components other than element composing the main component diffused in the main component in the structure taught by modified Morigasaki ‘896, as taught by Tamura ‘346, resulting in the relationship of a total concentration of zirconium and manganese in the core portion is lower than a total concentration of zirconium and manganese in the shell portion being satisfied, as one having ordinary skill in the art would have been motivated to do this with a reasonable expectation of success because such a combination and/or modification allows for balancing specific permittivity, reliability and high temperature load lifetime and good temperature characteristics (Tamura ‘346: [0021]-[0023]).
In regards to claim 7, modified Morigasaki ‘896 further teaches a plurality of crystal grains each including a core portion and a shell portion surrounding the core portion ([0027], [0029]).
Modified Morigasaki ‘896 fails to expressly disclose wherein a total concentration of zirconium, manganese and vanadium in the core portion is lower than a total concentration of zirconium, manganese and vanadium in the shell portion.
Tamura ‘346 teaches the core portion having (Ba1-x-yCaxSry)TiO3 as a main component and the shell portion having components other than element composing the main component diffused in the main component (see FIGs. 2-3 and [0040]-[0041], [0030]); therefore modified Morigasaki ‘896 as modified by Tamura ‘346 teaches wherein a total concentration of zirconium, manganese and vanadium in the core portion is lower than a total concentration of zirconium, manganese and vanadium in the shell portion.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Tamura ‘346 with modified Morigasaki ‘896 to incorporate the core portion having (Ba1-x-yCaxSry)TiO3 as a main component and the shell portion having components other than element composing the main component diffused in the main component in the structure taught by modified Morigasaki ‘896, as taught by Tamura ‘346, resulting in the relationship of a total concentration of zirconium, manganese and vanadium in the core portion is lower than a total concentration of zirconium, manganese and vanadium in the shell portion being satisfied, as one having ordinary skill in the art would have been motivated to do this with a reasonable expectation of success because such a combination and/or modification allows for balancing specific permittivity, reliability and high temperature load lifetime and good temperature characteristics (Tamura ‘346: [0021]-[0023]).
In regards to claim 15, modified Morigasaki ‘896 further teaches wherein the dielectric material comprises: a plurality of crystal grains each including a core portion and a shell portion surrounding the core portion ([0027], [0029]).
Modified Morigasaki ‘896 fails to expressly disclose wherein a total concentration of zirconium and manganese in the core portion is lower than a total concentration of zirconium and manganese in the shell portion.
Tamura ‘346 teaches the core portion having (Ba1-x-yCaxSry)TiO3 as a main component and the shell portion having components other than element composing the main component diffused in the main component (see FIGs. 2-3 and [0040]-[0041], [0030]); therefore modified Morigasaki ‘896 as modified by Tamura ‘346 teaches wherein a total concentration of zirconium and manganese in the core portion is lower than a total concentration of zirconium and manganese in the shell portion.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Tamura ‘346 with modified Morigasaki ‘896 to incorporate the core portion having (Ba1-x-yCaxSry)TiO3 as a main component and the shell portion having components other than element composing the main component diffused in the main component in the structure taught by modified Morigasaki ‘896, as taught by Tamura ‘346, resulting in the relationship of a total concentration of zirconium and manganese in the core portion is lower than a total concentration of zirconium and manganese in the shell portion being satisfied, as one having ordinary skill in the art would have been motivated to do this with a reasonable expectation of success because such a combination and/or modification allows for balancing specific permittivity, reliability and high temperature load lifetime and good temperature characteristics (Tamura ‘346: [0021]-[0023]).
In regards to claim 20, modified Morigasaki ‘896 further teaches wherein the dielectric material further comprises: a plurality of crystal grains each including a core portion and a shell portion surrounding the core portion ([0027], [0029]).
Modified Morigasaki ‘896 fails to expressly disclose wherein a total concentration of zirconium, manganese and vanadium in the core portion is lower than a total concentration of zirconium, manganese and vanadium in the shell portion.
Tamura ‘346 teaches the core portion having (Ba1-x-yCaxSry)TiO3 as a main component and the shell portion having components other than element composing the main component diffused in the main component (see FIGs. 2-3 and [0040]-[0041], [0030]); therefore modified Morigasaki ‘896 as modified by Tamura ‘346 teaches wherein a total concentration of zirconium, manganese and vanadium in the core portion is lower than a total concentration of zirconium, manganese and vanadium in the shell portion.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Tamura ‘346 with modified Morigasaki ‘896 to incorporate the core portion having (Ba1-x-yCaxSry)TiO3 as a main component and the shell portion having components other than element composing the main component diffused in the main component in the structure taught by modified Morigasaki ‘896, as taught by Tamura ‘346, resulting in the relationship of wherein a total concentration of zirconium, manganese and vanadium in the core portion is lower than a total concentration of zirconium, manganese and vanadium in the shell portion being satisfied, as one having ordinary skill in the art would have been motivated to do this with a reasonable expectation of success because such a combination and/or modification allows for balancing specific permittivity, reliability and high temperature load lifetime and good temperature characteristics (Tamura ‘346: [0021]-[0023]).
Claims 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over modified Morigasaki ‘896 in view of Takashima et al. and Tamura ‘346 as applied to claim 7 above, and further in view of Yao (US 20160020025 and hereinafter Yao ‘025).
In regards to claim 8, modified Morigasaki ‘896 as modified by Tamura ‘346 fails to teach wherein the third subcomponent and the fourth subcomponent exist on a grain boundary of the plurality of crystal grains.
Yao ‘025 teaches wherein the third subcomponent and the fourth subcomponent exist on a grain boundary of the plurality of crystal grains (described in [0054]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Yao ‘025 with modified Morigasaki ‘896 as modified by Tamura ‘346 to incorporate the third subcomponent and the fourth subcomponent exist on a grain boundary of the plurality of crystal grains as taught by Yao ‘025 in the structure taught by modified Morigasaki ‘896 as modified by Tamura ‘346, as one having ordinary skill in the art would have been motivated to do this with a reasonable expectation of success because such a combination and/or modification allows for a more preferable reliability to be obtained (Yao ‘025: [0052]).
In regards to claim 9, modified Morigasaki ‘896 as modified by Tamura ‘346 fails to teach wherein the third subcomponent and the fourth subcomponent exist on a grain boundary multiple points.
Yao ‘025 teaches wherein the third subcomponent and the fourth subcomponent exist on a grain boundary multiple points (described in [0054]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Yao ‘025 with modified Morigasaki ‘896 as modified by Tamura ‘346 to incorporate the third subcomponent and the fourth subcomponent exist on a grain boundary multiple points as taught by Yao ‘025 in the structure taught by modified Morigasaki ‘896 as modified by Tamura ‘346, as one having ordinary skill in the art would have been motivated to do this with a reasonable expectation of success because such a combination and/or modification allows for a more preferable reliability to be obtained (Yao ‘025: [0052]).
In regards to claim 10, modified Morigasaki ‘896 as modified by Tamura ‘346 further teaches a fifth subcomponent including silicon ([0022]).
modified Morigasaki ‘896 as modified by Tamura ‘346 fails to teach wherein the fifth subcomponent exists on a grain boundary of the plurality of crystal grains.
Yao ‘025 teaches wherein the fifth subcomponent exists on a grain boundary of the plurality of crystal grains (described in [0047]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Yao ‘025 with modified Morigasaki ‘896 as modified by Tamura ‘346 to incorporate the fifth subcomponent exists on a grain boundary of the plurality of crystal grains as taught by Yao ‘025 in the structure taught by modified Morigasaki ‘896 as modified by Tamura ‘346, as one having ordinary skill in the art would have been motivated to do this with a reasonable expectation of success because such a combination and/or modification allows for ensuring a more preferable reliability to be obtained (Yao ‘025: [0046]).
In regards to claim 11, modified Morigasaki ‘896 further teaches wherein the fifth subcomponent exists on a grain boundary multiple point of the plurality of crystal grains (Yao ‘025: [0047]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over modified Morigasaki ‘896 in view of Takashima et al. and further in view of Nishiyama (JP H09312234 and hereinafter Nishiyama ‘234).
In regards to claim 12, modified Morigasaki ‘896 fails to expressly disclose a sub crystal grain of at least one of BaTi2O5, BaTi4O9, BaTi5O11, BaTi5O13, Ba4Ti11O26, Ba4Ti12O27, Ba4Ti13O30, Ba4Ti14O27 or Ba4Ti17O40.
Nishiyama ‘234 teaches a sub crystal grain of at least one of BaTi2O5, BaTi4O9, BaTi5O11, BaTi5O13, Ba4Ti11O26, Ba4Ti12O27, Ba4Ti13O30, Ba4Ti14O27 or Ba4Ti17O40 ([0021]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Nishiyama ‘234 with modified Morigasaki ‘896 to incorporate a sub crystal grain of at least one of BaTi2O5, BaTi4O9, BaTi5O11, BaTi5O13 as taught by Nishiyama ‘234 in the structure taught by modified Morigasaki ‘896, as one having ordinary skill in the art would have been motivated to do this with a reasonable expectation of success because such a combination and/or modification allows for the ceramic to have an improvement in strength (Nishiyama ‘234: [0021]).
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 Timothy J Dole whose telephone number is (571)272-2229. The examiner can normally be reached M-F 6:30am-2:30pm.
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/Timothy J. Dole/Supervisory Patent Examiner, Art Unit 2847
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