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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The abstract of the disclosure is objected to because the equation and the description of each element of the equation is not part of the sentence. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 1 is objected to because of the following informalities:
the claim must comprise only one sentence and end in an end period. Claim 1 has a period before the last word of the sentence.
The examiner suggests adding the word “wherein” after the formula.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4 and 6-13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The specification fails to disclose how the coefficient B is obtained or what it means.
Claims 1-4 and 6-13 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without the PZT piezoelectric material composition, which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976).
The specification describes …less degradation of piezoelectric characteristics in association with use can be provided, the piezoelectric element including a first electrode, a second electrode, and a piezoelectric film located between the first electrode and the second electrode by making a degree of degradation due to aging smaller under specific conditions of a Schottky barrier height between the second electrode and the piezoelectric film, and have achieved the present invention (paragraph [0013] of the printed publication). In paragraph [0086], “…in a case where the composition is represented by PbX(ZrY, Ti1-Y)O3 [0.5≤X≤1.5, 0.1≤Y≤0.9], and, when the piezoelectric film 30 is divided in half in a thickness direction, an atomic composition ratio X of lead on the first electrode side is set as X1 and an atomic composition ratio X of lead on the second electrode side is set as X2, a value of the ratio X1/X2 is preferably equal to or greater than 1.04 and more preferably equal to or greater than 1.11. This can further prevent lowering of the Schottky barrier height in association with use. Further, in terms of prevention of lowering of the Schottky barrier height. X2 is preferably equal to or less than 1.2, and a value of the ratio X1/X2 is preferably equal to or less than 1.14.” In the independent claim, the specific piezoelectric material composition that provides the stated results is not present and the specification does not provide for any other material compositions to obtain the same results.
Allowable Subject Matter
Claim 5 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. The cited references disclose piezoelectric elements comprising a piezoelectric layer wherein the piezoelectric composition varies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jaydi San Martin whose telephone number is (571)272-2018. The examiner can normally be reached on M-Th 7:45-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached on 571-270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. San Martin/
Primary Examiner, Art Unit 2837
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