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
Claims 12-14 and 16 are objected to because of the following informalities:
Regarding claim 12, there are two periods included in the claim, “wherein a concentration of the subcomponent of the high concentration portion is higher than that of a portion closer to the capacity section than the high concentration portion. wherein the high concentration portion is a portion from an inflection point of the concentration of the subcomponent to the outer surface, and wherein the inflection point is a point that satisfies dD/dd ≥ 35 when a normalized intensity (D (%)) normalized by setting intensity to intensity/maximum intensity x 100 and a distance from the capacity section to the outer surface is d (µm) when acquiring an EPMA line spectrum from the capacity section to the outer surface.”. Appropriate correction is required. These claims would be considered allowable if the objection was fixed.
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.
(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.
Claim(s) 1, 3, 6, 8, and 11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by MIZUNO (US 2022/0285100).
The applied reference has a common Assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claim 1, MIZUNO discloses a ceramic electronic device (Fig. 1-8) comprising: a multilayer chip (Fig. 1, 11) having a multilayer portion (Fig. 8, 18) in which each of a plurality of dielectric layers (Fig. 8, 20) and each of a plurality of internal electrode layers (Fig. 2, 12/13) are alternately stacked, wherein the plurality of internal electrode layers are extracted alternately to two end faces (Fig. 2, left and right sides of 11) of the multilayer chip facing each other (Fig. 2), wherein the multilayer chip has a side margin (Fig. 3, 17a/b) outside a capacity section in which the plurality of dielectric layers and the plurality of internal electrode layers face each other (Fig. 3), in a third direction (Fig. 3, Y) orthogonal to a first direction (Fig. 2, Z) in which the plurality of internal electrode layers face each other and a second direction (Fig. 2, X) in which the two end faces face each other (Fig. 2), wherein the multilayer chip has cover layers (Fig. 3, 19a/b) of which a main component is ceramic ([0054]), on an upper face and a lower face of the capacity section in the first direction (Fig. 2), wherein each of the side margin and the cover layers has, on a side of an outer surface, a high concentration portion (Fig. 8, R12/R22) of a subcomponent of at least one of Mn ([0071/0130]), Cu, Fe, V, Ni, B, Mg, Ho, Dy, Er, Tm, Yb, Gd, Li, Co, Sm and Y, and wherein a concentration of the subcomponent of the high concentration portion is higher than that of a portion closer to the capacity section than the high concentration portion ([0052/0065]).
Regarding claim 3, MIZUNO further discloses that wherein an inflection point is located within a range of 5.2% to 76% from the outer surface with respect to a thinner one of a thickness of the side margin and a thickness of the cover layers (the dividing line would be within this range Fig. 8).
Regarding claim 6, MIZUNO further discloses that, in the high concentration portion, the subcomponent exists in a form of a single element (Mn [0071/0130]), an oxide crystal, or glass.
Regarding claim 8, MIZUNO discloses a ceramic electronic device (Fig. 1-8) comprising: a multilayer chip (Fig. 1, 11) having a multilayer portion (Fig. 8, 18) in which each of a plurality of dielectric layers (Fig. 8, 20) and each of a plurality of internal electrode layers (Fig. 2, 12/13) are alternately stacked, wherein the plurality of internal electrode layers are extracted alternately to two end faces (Fig. 2, left and right sides of 11) of the multilayer chip facing each other (Fig. 2), wherein the multilayer chip has a side margin (Fig. 3, 17a/b) outside a capacity section in which the plurality of dielectric layers and the plurality of internal electrode layers face each other (Fig. 3), in a third direction (Fig. 3, Y) orthogonal to a first direction (Fig. 2, Z) in which the plurality of internal electrode layers face each other and a second direction (Fig. 2, X) in which the two end faces face each other (Fig. 2), wherein the multilayer chip has cover layers (Fig. 3, 19a/b) of which a main component is ceramic ([0054]), on an upper face and a lower face of the capacity section in the first direction (Fig. 2), wherein each of the side margin and the cover layers has, on a side of an outer surface, a high concentration portion (Fig. 8, R12/R22) of a subcomponent of at least one of Mn ([0071/0130]), Cu, Fe, V, Ni, B, Mg, Ho, Dy, Er, Tm, Yb, Gd, Li, Co, Sm and Y, and wherein a concentration of the subcomponent of the high concentration portion is higher than that of a portion closer to the capacity section than the high concentration portion ([0052/0065]), and wherein the high concentration portion is located within a range of 5.2% to 76% from the outer surface with respect to a thinner one of a thickness of the side margin and a thickness of the cover layers (Fig. 8, at least some of the high concentration region is in that range).
Regarding claim 11, MIZUNO further discloses that wherein an inflection point is located within a range of 23% to 54% from the outer surface with respect to a thinner one of a thickness of the side margin and a thickness of the cover layers (the dividing line is about halfway and therefore would be within this range Fig. 8).
Allowable Subject Matter
Claims 2, 4-5, 7, and 15 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 claim 2, 4-5, 7, and 15, the prior art fails to teach or make obvious, alone or in combination, the limitation of “wherein the high concentration portion is a portion from an inflection point of the concentration of the subcomponent to the outer surface, and wherein the inflection point is a point that satisfies dD/dd ≥ 35 when a normalized intensity (D (%)) normalized by setting intensity to intensity/maximum intensity × 100 and a distance from the capacity section to the outer surface is d (μm) when acquiring an EPMA line spectrum from the capacity section to the outer surface” in combination with the other claim limitations.
Additional Relevant Prior Art:
TANAKA et al (US 2017/0018363) teaches relevant art in Fig. 1-10.
Mizuno et al (US 2017/0243697) teaches relevant art in Fig. 1-4.
Kowase (US 2018/0182555) teaches relevant art in Fig. 1-4.
SAKATE et al (US 2018/0261389) teaches relevant art in Fig. 1-4.
LEE et al (US 2020/0402717) teaches relevant art in Fig. 1-6.
FUKUNAGA et al (US 2020/0066446) teaches relevant art in Fig. 1-10.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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/MICHAEL P MCFADDEN/ Primary Examiner, Art Unit 2847