Prosecution Insights
Last updated: October 01, 2026
Application No. 18/616,300

GAS SENSOR

Non-Final OA §102§103
Filed
Mar 26, 2024
Priority
Mar 30, 2023 — JP 2023-056005
Examiner
WECKER, JENNIFER
Art Unit
Tech Center
Assignee
TDK Corporation
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
512 granted / 721 resolved
+11.0% vs TC avg
Strong +36% interview lift
Without
With
+36.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
13 currently pending
Career history
731
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
53.1%
+13.1% vs TC avg
§102
23.5%
-16.5% vs TC avg
§112
14.9%
-25.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 721 resolved cases

Office Action

§102 §103
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 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. Claim(s) 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sakurai et al (US PGPub 20220178857 A1). Regarding Claim 1, Sakurai et al teaches a gas sensor (referred to as sensor 5, illustrated in Figure 2) comprising a gas detection part (referred to as sensing unit 50) provided on an insulating film (referred to as resin material 13, which is an insulator), wherein the gas detection part includes: a detector (one of detecting areas GA1, GA2, GA3 and GA4); and an electrode (see abstract, wherein the electrode is formed of center electrodes 6,9 and outer electrodes 7,8, 10 and 11) in contact with the detector (see Figure 2 and [0032]), and the electrode includes: an inner electrode portion (formed by center electrodes 6,9); and an outer electrode portion (formed by outer electrodes 7, 8, 10 and 11) disposed so as to surround the inner electrode portion (see Figures 2-3, [0032]-[0033] and [0035]-[0036]). Regarding Claim 2, Sakurai et al teaches that the outer electrode portion (formed by outer electrodes 7, 8, 10 and 11) has an annular shape in plan view (see [0032] and Figure 2). Regarding Claim 3, Sakurai et al teaches that the outer electrode (formed by outer electrodes 7, 8, 10 and 11) portion has an annular shape in plan view having a disconnected part in a circumferential direction of the outer electrode portion (see Figures 3, 5 and 6 and [0046]). Regarding Claim 4, Sakurai et al teaches that the inner electrode portion (formed by center electrodes 6, 9) has a circular shape in plan view (see [0044]). Regarding Claims 5-6, Sakurai et al teaches that at least a part of the detector (one of detecting areas GA1, GA2, GA3 and GA4) is located between the inner electrode portion (formed by center electrodes 6,9) and the outer electrode portion (formed by outer electrodes 7, 8, 10 and 11). Furthermore, Sakurai et al teaches that the inner electrode portion is in contact with one main surface of the detector (one of detecting areas GA1, GA2, GA3 and GA4), and the outer electrode portion is in contact with an other main surface of the detector (another of one of detecting areas GA1, GA2, GA3 and GA4) (see Figures 2-3, 5-6, [0032]-[0033], [0035] and [0040]). Regarding Claim 7, Sakurai et al teaches that the inner electrode portion (formed by center electrodes 6, 9) is located under the detector (see Figures 2-3 and 5-6). 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 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Sakurai et al as applied to claim 1 above, and further in view of Shibasaki et al (US PGPub 20180106745 A1), as cited in the IDS. Regarding Claims 8-9, Sakurai et al does not explicitly disclose that the detector (i.e. one of detecting areas GA1, GA2, GA3 and GA4) comprises a thermistor or that the detector comprises a semiconductor film. However, in the analogous art of gas sensors, Shibasaki et al teaches a gas sensor having high detection sensitivity, capable of detecting a gas at a low concentration and achieving lower power consumption. In the gas sensor including a gas detection element disposed on a thin-film insulator layer, the gas detection element includes: a heater layer provided on the thin-film insulator layer; and a gas detection layer having a thin-film thermistor part and an electrode part in contact with the thin-film, thermistor part, the gas detection layer being provided on the heater layer so as to be electrically insulated from the heater layer. The gas sensor is configured to detect a temperature change due to contact of a gas with the gas detection element on the basis of a change in resistance value in the thin-film thermistor part. The thin-film thermistor part preferably comprises a composite metal oxide containing Fe.sub.2O.sub.3, TiO.sub.2 and MgO (see abstract). Furthermore, Shibasaki et al teaches that the gas sensor is configured to detect a temperature change due to contact of a gas with the gas detection element on the basis of a change in resistance value in the thin-film thermistor part (see [0008]). In addition, Shibasaki et al teaches that the thermistor is used as an element for detecting a temperature change in the gas detection element, specifically, a temperature change due to the combustion heat of the catalyst layer or a temperature change due to the heat conduction of a contact gas. The thermistor has a large rate of change in resistance value with respect to a temperature change. Thus, the gas sensor of the present invention can obtain high detection sensitivity and can detect the gas at a low concentration (see [0013]). Accordingly, it would have been obvious to one of ordinary skill in the art to modify the detector of Sakurai et al by further incorporating a thermistor having a semiconductor (i.e. composite metal oxide) film into the detector for the benefit of obtaining high detection sensitivity and enabling detection of gas at a low concentration. Regarding Claim 10, Sakurai et al does not disclose that the detector is made of a semiconductor material coated on the inner electrode portion and the outer electrode portion so as to cover the inner electrode portion and the outer electrode portion. However, in the analogous art of gas sensors, Shibasaki et al teaches a gas sensor having high detection sensitivity, capable of detecting a gas at a low concentration and achieving lower power consumption. In the gas sensor including a gas detection element disposed on a thin-film insulator layer, the gas detection element includes: a heater layer provided on the thin-film insulator layer; and a gas detection layer having a thin-film thermistor part and an electrode part in contact with the thin-film, thermistor part, the gas detection layer being provided on the heater layer so as to be electrically insulated from the heater layer. The gas sensor is configured to detect a temperature change due to contact of a gas with the gas detection element on the basis of a change in resistance value in the thin-film thermistor part. The thin-film thermistor part preferably comprises a composite metal oxide containing Fe.sub.2O.sub.3, TiO.sub.2 and MgO (see abstract). In addition, Shibasaki et al teaches that the thermistor is used as an element for detecting a temperature change in the gas detection element, specifically, a temperature change due to the combustion heat of the catalyst layer or a temperature change due to the heat conduction of a contact gas. The thermistor has a large rate of change in resistance value with respect to a temperature change. Thus, the gas sensor of the present invention can obtain high detection sensitivity and can detect the gas at a low concentration (see [0013]). Furthermore, Shibasaki et al teaches a gas detection layer 25 having a thin-film thermistor part 26 (which preferably includes a composite metal oxide, i.e. a semiconductor) and a thermistor electrode part 27 in contact with the thin-film thermistor part 26, the gas detection layer 25 being provided on the heater layer 21 via a second insulating film 24; and a catalyst layer 30 provided on the thin-film thermistor part 26 in the gas detection layer 25 via a third insulating film 29. It would have been obvious to one of ordinary skill in the art to modify the device of Sakurai et al by making the detector of a semiconductor material, and coating the semiconductor material on the inner and outer electrode portion to cover both the inner and outer electrode portions for the benefit of obtaining high detection sensitivity and enabling detection of gas at a low concentration. Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Sakurai et al as applied to claim 1 above, and further in view of Nojiri et al (US PGPub 20190049398 A1). Regarding Claims 8-9, Sakurai et al does not explicitly disclose that the detector (i.e. one of detecting areas GA1, GA2, GA3 and GA4) comprises a thermistor or that the detector comprises a semiconductor film. However, in the analogous art of gas detection devices and methods, Nojiri et al teaches a gas detection device (10) with a thermal-conductivity-type gas sensor (1) includes a connection circuit including a thermistor (2) having at least a pair of electrode parts (22a) and a resistor (11) connected to the thermistor (2); a power supply circuit (Ep) for applying a constant voltage to the connection circuit and putting the thermistor (2) in a thermal runaway state by supplying excess power to the thermistor (2); and a voltage detection unit for detecting a voltage between the electrodes of the thermistor (2) in the connection circuit (see abstract). Furthermore, Nojiri et al teaches that the thermistor, detects a change in a heat dissipation state of the thermistor as a temperature change according to a thermal conductivity peculiar to a gas in the atmosphere, and detects the temperature change as a resistance change of the thermistor (see [0054]). In addition, Nojiri et al teaches that the thermistor may include a semiconductor film (see [0061]). Furthermore, Nojiri et al teaches that the gas detection device is characterized in that an excess power is supplied, specifically, an overvoltage is applied to the thermistor to put the thermistor in a thermal runaway state and to increase gas detection sensitivity, while also providing excellent heat responsiveness (see [0054], [0064] and [0081]). Accordingly, it would have been obvious to one of ordinary skill in the art to modify the detector of Sakurai et al by further incorporating a thermistor having a semiconductor film into the detector for the benefit of obtaining increased detection sensitivity and also providing excellent heat responsiveness. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Sakurai et al as applied to claim 1 above, and further in view of Yoshioka et al (US PGPub US 20190302046 A1). Regarding Claim 10, Sakurai et al does not disclose that the detector is made of a semiconductor material coated on the inner electrode portion and the outer electrode portion so as to cover the inner electrode portion and the outer electrode portion. However, in the analogous art of gas detector and gas detection methods, Yoshioka et al teaches MEMS gas sensors 2, which have a substrate 4 such as silicon and suitable for micro machining, and the substrate 4 has a cavity 6 that penetrates the substrate 4 and a support film 8 over the cavity 6 supported by, for example, four beams 12. On the support film 8, a film-like heater (not shown) and film-like electrodes (not shown) are formed, and a metal oxide semiconductor film 10 covers them. The metal oxide semiconductor film 10 is, for example, a thick film of SnO2 and may be other metal oxide semiconductor films such as In2O3, WO3, and so on. In addition, the metal oxide semiconductor film 10 may be a thin film. The structures and materials for the gas sensor 2 are arbitrary, and for example, the support film 8 may be a diaphragm covering the cavity 6. In addition, the heater and the electrodes may be provided on the same layer, or alternatively, the heater may be covered by an insulating film and the electrodes may be provided on the insulating film. In addition, Yoshioka et al teaches that a separate and independent filter from the substrate 4 may be provided in order for unnecessary gases to be adsorbed by the filter (see [0029]-[0030]). It would have been obvious to one of ordinary skill in the art to modify the device of Sakurai et al by making the detector of a semiconductor material, and coating the semiconductor material on the inner and outer electrode portion to cover both the inner and outer electrode portions for the benefit of effectively eliminating unnecessary gases, so that the these unnecessary are not absorbed. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Chatterjee et al (US 5,302,925) discloses a renewable gas sensor, renewable gas sensor base and a method for renewing a gas sensor. The renewable gas sensor has a substantially planar heater. A substantially planar separator is superimposed on the heater. The separator is electrically insulating and thermally conducting. An electrode array is superimposed on the separator. The electrode array and the separator define a plurality of juxtaposed sensing sites disposed in electrically conductive relation to the electrode array and in thermally conductive relation to the separator. A chemical sensing film is superimposed on the separator and said electrode array in one of the sensing sites (see abstract). In addition, Chatterjee et al teaches an electrode array 24, which can consist of a single pair of spaced linear electrodes (not shown), or preferably, a pair of interdigitated electrodes 36 (shown in FIG. 8). It is more preferable, however, that a four probe array 24 be used as shown in FIGS. 1, 2, and 6. The four probe array 24 shown in the Figures has a pair of opposed outer or constant current electrodes 38, to the outside, and a pair of opposed inner or measuring electrodes 40, to the inside. The four probe electrodes 38,40 have the shape of parallel, spaced-apart strips with slightly enlarged pads at edge 28 of substrate 16. In the embodiments of the invention disclosed herein, sensing sites 30 extend transverse to electrodes of sensing array 24, where sensing sites 30 overlap electrodes (see page 4, lines 26-40). Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER WECKER whose telephone number is (571)270-1109. The examiner can normally be reached 9:30AM - 6 PM EST 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, Lyle Alexander can be reached at 571-272-1254. 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. /JENNIFER WECKER/ Primary Examiner, Art Unit 1797
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Prosecution Timeline

Mar 26, 2024
Application Filed
Aug 26, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
71%
Grant Probability
99%
With Interview (+36.1%)
2y 9m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 721 resolved cases by this examiner. Grant probability derived from career allowance rate.

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