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 Objections
Claim 5 is objected to because of the following informalities: line, replace “resister” with --resistor--. Appropriate correction is required.
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 and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takagi et al. (JP2002075714; translation attached).
Regarding claim 1, Takagi teaches a resistor comprising a resistance body (rectangular plate resistor body; see at least fig. 4 and paragraph starting with “FIG. 4 shows” in the translation) and electrodes (20a) provided on the resistance body, wherein the resistance body has an upper surface, side surfaces, and a lower surface, the lower surface includes a mounting surface of the resister and is exposed (the electrodes are for mounting), and the lower surface has an oxide film on a surface thereof (oxide film 20 is removed at the electrode area, but cover the resistor area between the electrodes 20a; see fig. 4).
Regarding claims 5 and 6, Takiga teaches a manufacturing method of a resistor, the resistor comprising a resistance body (rectangular plate resistor body; see at least fig. 4 and paragraph starting with “FIG. 4 shows” in the translation), having an upper surface, side surfaces, and a lower surface, the lower surface having a mounting surface of the resistor and being exposed (oxide film 20 is removed at the electrode area, but cover the resistor area between the electrodes 20a; see fig. 4), and the lower surface having an oxide film surface thereon, and electrodes provided on the resistance body, wherein the manufacturing method having a forming step of forming an oxide film on a surface of the resistance body by at least subjecting the resistance body to a heat treatment (high-temperature oxidizing atmosphere to form the oxide film).
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saito et al.
Regarding claim 1, Saito teaches a resistor comprising a resistance body (rectangular shaped body) and electrodes (electrode 5 and 7) provided on the resistance body, wherein the resistance body has an upper surface, side surfaces, and a lower surface, the lower surface includes a mounting surface of the resister and is exposed (mounting electrodes are exposed), and the lower surface has an oxide film on a surface thereof (oxide film pointed by reference number 3c in fig. 2).
Regarding claim 2, Saito teaches the resistor according to claim 1, wherein
the resistance body is configured so as to contain a metal for the resistance body, and
the electrodes are configured so as to contain a metal having a lower specific resistance than
the resistance body (electrodes are Ag and resistance body is MnO; see at least col. 4, lines 56-68 and col. 5, lines 43-51).
Regarding claims 3 and 4, Saito teaches the resistor according to claim 2, wherein
the metal for the resistance body contains manganese (manganese as a major component), and the oxide film of manganese is formed on the surface of the resistance body (see at least col. 4, lines 56-68, col. 5, lines 43-51 and col. 6, lines 15-28).
Allowable Subject Matter
Claims 7-11 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.
Regarding claims 7 and 10, the prior art does not teach or suggest a method for manufacturing the resistor, wherein the resistance body containing copper and manganese is subjected to the heat treatment in an atmosphere with an oxygen concentration of 30 ppm or lower at 400 °C or more and 800 °C or less, for 10 minutes or more and 300 minutes or less.
Claims 8-9 and 11 depend on claim 7.
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 KYUNG S LEE whose telephone number is (571)272-1994. The examiner can normally be reached 7AM-3PM M-F.
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, Renee Luebke can be reached at 571-272-2009. 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.
/KYUNG S LEE/Primary Examiner, Art Unit 2831
Prosecution Insights