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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 8, 12-14, and 20 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Santangelo et al. (US 2015/0219582 A1) (hereinafter Santangelo).
Regarding claim 1, Santangelo teaches a humidity sensor [humidity sensor] (Para [0034]) comprising:
a sensing element [sensor 1, 100] including a first electrode [electrode structure 11, 111], a second electrode [electrode structure 10, 110], and a moisture-sensitive element [sensitive layer 8, 108], a portion of the moisture-sensitive element is sandwiched between the first electrode and the second electrode [electrodes 10, 110 and 11, 111 incorporated in sensitive layer 8, 108] (Para [0039-0042], see Figs. 1-4); and
a switching device switching the first electrode between a first state of operation and a second state of operation [switch 19, 119], the first electrode senses an electric property of the moisture-sensitive element in the first state of operation [sensing operating condition for detecting capacitance between electrode structures 10, 110 and 11, 111] (Para [0050, 0064]), the first electrode heats the moisture-sensitive element with an electric current through the first electrode in the second state of operation [restoring operating condition causing heating current to flow through electrode structure 11, 111] (Para [0051, 0064]).
Regarding claim 2, Santangelo as applied to claim 1 above teaches the claimed invention, in addition to wherein the first electrode has a pair of electrical contact points at a same electric potential in the first state of operation [switch 19, 119 open] and at a different electric potential in the second state of operation [switch 19, 119 closed, connecting first electrode in parallel with supply source 18, 118] (Para [0048], see Figs. 2 and 4)
Regarding claim 3, Santangelo as applied to claim 1 above teaches the claimed invention, in addition to wherein the first electrode has a serpentine shape (see Fig. 4).
Regarding claim 4, Santangelo as applied to claim 3 above teaches the claimed invention, in addition to wherein a surface along the serpentine shape is in direct contact with the moisture-sensitive element [108] (see Fig. 3).
Regarding claim 5, Santangelo as applied to claim 3 above teaches the claimed invention, in addition to wherein a gap between a plurality of windings of the serpentine shape is smaller than a width of the first electrode [width of entirety of electrode 111 greater than gaps between windings (see Fig. 4).
Regarding claim 6, Santangelo as applied to claim 1 above teaches the claimed invention, in addition to further comprising a control device controlling: a switching of the switching device and/or a flow of the electric current through the first electrode [switch 19 controlled by control unit 17] (Para [0048]).
Regarding claim 8, Santangelo as applied to claim 6 above teaches the claimed invention, in addition to wherein the control device is an integrated circuit or a microchip [control unit 17 may be integrated in the same chip as that of the sensor 1] (Para [0047]
Regarding claim 12, Santangelo as applied to claim 1 above teaches the claimed invention, in addition to wherein the first electrode has a layer of a material selected from: tungsten, chrome, titanium, titanium nitride, manganese, nickel-chrome alloy, and carbon [non-alloy metal] (Para [0082]).
Regarding claim 13, Santangelo as applied to claim 12 above teaches the claimed invention, in addition wherein the first electrode has a noble metal layer formed on the layer of the material [gold] (Para [0082]).
Regarding claim 14, Santangelo as applied to claim 1 above teaches the claimed invention, in addition wherein the switching device switches the second electrode between the first state of operation and the second state of operation [sensing operating condition and restoring operating condition] (Para [0050-0051, 0064]).
Regarding claim 20, Santangelo as applied to claim 1 above teaches the claimed invention, in addition wherein the electric property is a capacitance of the moisture-sensitive element and the electric current is a direct current (Para [0042, 0047]).
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.
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Santangelo as applied to claim 6 above, and further in view of Itakura et al. (US 2006/0186901 A1) (hereinafter Itakura).
Regarding claim 7, Santangelo as applied to claim 6 above teaches the claimed invention, except for wherein the control device controls the switching of the switching device automatically based on a predetermined period or according to a threshold value related to the electric property of the moisture-sensitive element. Itakura teaches a humidity sensor comprising a control device that controls switching to a state of operation in which a moisture sensitive element is heated based on a predetermined period (Para [0035, 0056]). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify Santangelo with Itakura such that the control device controls the switching of the switching device automatically based on a predetermined period or according to a threshold value related to the electric property of the moisture-sensitive element, in order to regularly regenerate the sensor.
Claims 9-11 and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Santangelo as applied to claim 8 above, and further in view of Guillemet et al. (US 9,239,310 B2) (hereinafter Guillemet).
Regarding claims 9-11, Santangelo as applied to claim 8 above teaches the claimed invention, except for wherein the first electrode is formed directly on a passivation layer of the integrated circuit, wherein the passivation layer has a silicon nitride layer and/or a silicon dioxide layer. Guillemet teaches a capacitive humidity sensor formed directly on a passivation layer of silicon nitride of a semiconductor circuit (Col 7, lines 15-20, see Claim 1, Abstract, Fig. 2). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify Santangelo with Guillemet such that the first electrode is formed directly on a passivation layer of the integrated circuit, wherein the passivation layer has a silicon nitride layer and/or a silicon dioxide layer, in order to decrease manufacturing costs.
Regarding claims 15 and 17-18, Santangelo as applied to claim 1 above teaches the claimed invention, except for wherein the second electrode is porous and is an organic material doped with a plurality of electrically conductive particles. Guillemet teaches a capacitive humidity sensor comprising a porous electrode comprised of organic binders filled with a plurality of platinum or carbon particles (Col 5, lines 22-27). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify Santangelo with Guillemet such that the second electrode is porous and is an organic material doped with a plurality of electrically conductive particles, in order to increase sensor sensitivity.
Regarding claim 16, Santangelo as applied to claim 1 above teaches the claimed invention, except for wherein the second electrode is a material selected from: an Intrinsically Conductive Polymer, a phenolic resin, a vinyl polymer, a rubber, a fluoropolymer, a polyolefin, a polyester, a polyanhydride, a silicone, a biopolymer, an inorganic polymer, or a combination of thereof. Guillemet teaches a capacitive humidity sensor comprising an electrode comprised of a conducting polymer (Col 1, lines 35-45). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify Santangelo with Guillemet such that the second electrode is a material selected from: an Intrinsically Conductive Polymer, a phenolic resin, a vinyl polymer, a rubber, a fluoropolymer, a polyolefin, a polyester, a polyanhydride, a silicone, a biopolymer, an inorganic polymer, or a combination of thereof, in order to increase sensor sensitivity. Additionally, 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, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Regarding claim 19, Santangelo as applied to claim 1 above teaches the claimed invention, except for wherein the second electrode is metallic and has a plurality of through-holes exposing the moisture-sensitive element. Guillemet teaches a capacitive humidity sensor comprising a porous electrode comprised of organic binders filled with a plurality of platinum or carbon particles [metallic composite] (Col 5, lines 22-27). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify Santangelo with Guillemet such that the second electrode is metallic and has a plurality of through-holes exposing the moisture-sensitive element, in order to increase sensor sensitivity.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID Z HUANG whose telephone number is (571)270-5360. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Deherrera can be reached at 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DAVID Z HUANG/ Primary Examiner, Art Unit 2855