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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-11, in the reply filed on 12/12/2025 is acknowledged. Claims 12-15 are withdrawn as being drawn to a nonelected invention.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Regarding claim 3, the claim states "x is a numerical value portion when a depth in the phononic crystal layer from a surface of the phononic crystal layer is expressed in nanometers" - this is only explaining that this is a numerical value portion, but does not explain what exactly X is. The depth of the crystal layer can always be in nanometers (even if it was a very high value), what needs to be claimed is what exactly is x. Also, y is not described as to what it represents (for example durability, size, etc.. of the crystal). Basically the question here is: in a claim to a multilayer body, what structural difference is gathered or even function of the crystal based on what x or y means? Because the scope of the claim is not clear, it is not understood exactly how to apply applicable prior art. It is also possible, when this rejection is overcome, this claim would be considered allowable (well objected to, but allowable if rewritten in independent form).
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.
Claims 1, 4, 6-9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Hussein (WO-2019204393-A1) in view of Andreas (CH-716359-A2).
Regarding claim 1. Hussein discloses a multilayer body comprising:
a phononic crystal layer having a plurality of recesses ([0138], figure 23a-24, a phononic crystal layer #96 is seen having a plurality of recesses); and
a layer disposed on or above the phononic crystal layer ([0140], figure 24, an amorphous material layer #98 is disposed on the phononic crystal layer #96), wherein
atoms of a kind identical to that of atoms contained in the layer are present inside the recesses ([0140], figure 24, amorphous material atoms which make up the amorphous material layer #98 is also seen present inside the recesses).
Hussein lacks specifically disclosing the amorphous material layer and amorphous material atoms containing metal.
Andreas discloses specifically disclosing the amorphous material layer and amorphous material atoms containing metal ([0016], the amorphous materials could include titanium, aluminum, or zirconium which are elements identified in the metal category).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application for Hussein to include the amorphous material as taught by Andreas, in that this amorphous material of Andreas is a coating which could provide materials to Hussein in the layer that is above and fills in the recess of the crystal layer of Hussein, in order to enhance the devices versatility, increase the devices lifetime, and to reduce manufacturing costs.
Regarding claim 4. Hussein as modified lacks wherein an average value of a concentration of the metal atoms in an intermediate portion between the metal layer and the phononic crystal layer is larger than 3.68x1022 atoms/cm3.
MPEP 2144.05 II A - describes optimization within prior art conditions or through routine experimentation- In reAller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%.); see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 (“The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages.”).
It would have been obvious to one of ordinary skill in the art at the time of filing to have further modified for Hussein as modified to include wherein the average value of a concentration of the metal atoms in an intermediate portion between the metal layer and the phononic crystal layer is larger than 3.68x1022 atoms/cm3 in order to improve device reliability, reduce device failure, and to potentially reduce stress concentrations.
Regarding claim 6. Hussein as modified discloses wherein the plurality of recesses are regularly arranged ([0137], figure 23a, the plurality of recesses are regularly arranged as illustrated).
Regarding claim 7. Hussein as modified discloses wherein a ratio of a length of each recess in a thickness direction of the phononic crystal layer relative to a diameter of the recess is 3 or more ([0137], figure 23a, the ratio of length of each recess in the thickness direction of the phononic crystal layer #86 (more specifically, the length of #84) is over 3 times the length in comparison to the diameter of the recess).
Regarding claim 8. Hussein as modified discloses wherein each recess extends along a normal direction of a surface of the phononic crystal layer ([0137], figure 23a, each recess extends along a normal direction of the surface of the phononic crystal layer).
Regarding claim 9. Hussein as modified lacks wherein the metal atoms are aluminum.
Andreas discloses wherein the metal atoms are aluminum ([0016], the amorphous material layer which shares the same composition as the amorphous material atoms include aluminum as a metal).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application for Hussein as modified to include aluminum atoms as taught by Andreas in order to enhance the manufacturing speed, reduce total device weight, and to extend the devices lifetime.
Regarding claim 11. Hussein as modified discloses an electronic device comprising the multilayer body according to claim 1 ([0002-0004], an electronic device comprising of the multilayer body #90 in figure 24 is described to be used in small-scale applications).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hussein (WO-2019204393-A1) and Andreas (CH-716359-A2), in view of Foxon (US-4640720-A).
Regarding claim 2. Hussein as modified lacks wherein a concentration of the metal atoms at a position separated by 10 nm from a surface of the phononic crystal layer to an inside of the phononic crystal layer in a thickness direction of the phononic crystal layer is 4x1021 atoms/cm3 or more.
Foxon discloses wherein a concentration of the metal atoms at a position separated by 10 nm from a surface of the phononic crystal layer to an inside of the phononic crystal layer in a thickness direction of the phononic crystal layer is 4x1021 atoms/cm3 or more ([col 5 lines 43-50], figure 1-2, the concentration of metal atoms (more specifically aluminum) is 4x1021 atoms/cm3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application for Hussein as modified to include metal atoms at a concentration of 4x1021 atoms/cm3 as taught by Foxon in order to distribute the weight across the device, and to maximize the use of aluminum in the device.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hussein (WO-2019204393-A1) and Andreas (CH-716359-A2), in view of Bhowmik et al. (EP-1063687-A2 referred as Bhowmik).
Regarding claim 5. Hussein as modified lacks wherein the concentration of the metal atoms decreases gradually in association with increase in distance from the surface, between the position and the surface of the phononic crystal layer in the thickness direction of the phononic crystal layer.
Bhowmik discloses wherein the concentration of the metal atoms decreases gradually in association with increase in distance from the surface, between the position and the surface of the phononic crystallayer in the thickness direction of the phononic crystal layer ([claim 1], figure 2, the concentration of metal atoms (more specifically the titanium gradient) in the barrier layer film #125 is described having a higher concentration closer to the surface than farther away from the surface).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application for Hussein as modified to include metal atoms having a decreasing concentration the farther it gets from the surface as taught by Bhowmik in order to reduce manufacturing costs, enhanced surface micro hardness, and dynamic resistance.
Allowable Subject Matter
Claim 10 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes ナ、ヨン－ヘ et al. (JP-7601518-B2) and Carr (US-20210381900-A1) for teaching the phononic crystal layer, decreasing gradient, and metal atoms.
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/JACOB RAUL MARIN/Examiner, Art Unit 2818
/JEFF W NATALINI/Supervisory Patent Examiner, Art Unit 2818