NON-FINAL OFFICE ACTION
Acknowledgements
1. This non-final Office Action addresses broadening reissue U.S. Application No. 18/664,601 (“instant application”). Examiners find the actual filing date of the instant application is May 15, 2024.
2. The instant application is a broadening reissue application of U.S. Patent No. 11,335,511, (“‘511 Patent”) issued May 17, 2022. The ‘511 Patent was filed on Jan. 13, 2020 as U.S. Application No. 16/740,716 (“716 Application”), titled “CERAMIC LAMINATE INCLUDING A PROTRUSION AND MULTILAYER CERAMIC CAPACITOR”.
3. Examiners do not find any certificates of correction, ongoing/previous proceedings before the Office, or current ongoing litigation involving the ‘511 Patent.
4. The ‘511 Patent issued with claims 1-3 (“Patented Claims”). In the preliminary amendment filed May 15, 2024 ("MAY 2024 CLAIM AMENDMENTS"), claims 2-3 are cancelled and claims 4-16 added.
5. Claims 1 and 4-16 are pending and grouped as follows:
claims 1 and 4-9; and
claims 10-16.
Priority Claims
6. The instant application is a division of application No. 15/857,687 filed on Dec. 29, 2017, now Pat. No. 10,573,466.
7. Examiners find the instant application claims foreign priority to JP2017-000217 filed Jan. 4, 2017.
8. The presumed effective U.S. filing date of the instant application is Dec. 29, 2017, which is the filing date of the ‘687 Application.
Reissue Declaration
9. Claims 1 and 4-16 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251. See 37 CFR 1.175.
Specifically, the ‘511 Patent has two named inventors: (1) Kotaro Kishi and (2) Takashi Sawada. The reissue application declaration by assignee states that “additional inventors are named on separately numbers sheets attached thereto.” See screenshot below.
PNG
media_image1.png
214
832
media_image1.png
Greyscale
This reissue declaration is defective because Examiners do not find inventor Takashi Sawada named on separately numbered sheets attached thereto.
As to the description of the error, Examiner’s suggest replacing the following language, with the language stated below.
PNG
media_image2.png
54
704
media_image2.png
Greyscale
--Claim 1 has been broadened by removing the limitation “the laminate has cubic or a substantially cubic shape,” which was unduly narrowing.--
Allowable Subject Matter
10. If a sufficient reissue declaration is filed, then claims 1 and 4-16 would be in condition for allowance.
As to claims 1 and 4-9, the prior art does not disclose or make obvious “the laminate includes two or more exposure regions at which the plurality of 2nd internal electrode layers and at least one of the plurality of ceramic layers interposed between the plurality of 2nd internal electrode layers are both exposed; and on at least one of the four surfaces, the laminate includes a protrusion in which the exposure region protrudes outward, and the 1st external electrode covers the protrusion” in combination with the other limitations of the claims.
As to claims 10-16, the prior art does not disclose or make obvious “the laminate includes at least one exposure region at which the 2nd internal electrode layers and at least one of the plurality of ceramic layers that is interposed between the 2nd internal electrode layers are both exposed; the at least one exposure region is provided on at least the 1st side surface; and on at least the 1st side surface, the laminate includes a protrusion in which the exposure region protrudes outward, and the 1st external electrode covers the protrusion” in combination with the other limitations of the claims.
Conclusion
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEANDRA M HUGHES whose telephone number is (571)272-6982. The examiner can normally be reached Generally M-Th 8AM-6PM.
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, Hetul Patel can be reached at 571-272-4184. 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.
Signed:
/DEANDRA M HUGHES/Reexamination Specialist, Art Unit 3992
Conferees:
/CHRISTINA Y. LEUNG/Primary Examiner, Art Unit 3991
/H.B.P/
Hetul PatelSupervisory Patent Examiner, Art Unit 3992