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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4, 7-14, 16-19 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.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 7-8, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyazaki et al. (JP H11214242 A) in view of Yoon et al. (US 2017/0271082A).
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Regarding claim 1, Miyazaki et al. disclose in Fig. 1, a multilayered capacitor (3), comprising:
a capacitor body (2, 8-9) including a dielectric layer (2) and an internal electrode (8,9); and
an external electrode (7, 8) outside the capacitor body (2, 8-9),
wherein the internal electrode (8, 9) includes zirconium (Zr – Table 6 – sample 6-3), an average content of zirconium (Zr) for the internal electrode (8, 9) is greater than or equal to about 0.0005 mol% and less than about 1.0 mol% (0.65 mol%).
Miyazaki et al. disclose the claimed invention except for the dielectric layer includes a plurality of dielectric grains, at least one of the plurality of dielectric grains has a core-shell structure, and the core, or the core and the shell include zirconium (Zr), wherein the average content of Zr included in entirety of the shell is greater than an average content of Zr included in entirety of the core for a total core.
Yoon et al. disclose a multilayer ceramic capacitor (4), wherein the multilayer ceramic capacitor comprises a dielectric layer (111, Fig. 1), the dielectric layer comprises a plurality of dielectric grains (11), at least one of the plurality of dielectric grains (11) has a core-shell structure (11a, 11b), and an average content of Zr include in entirety of the shell (11b) is greater than an average content of Zr included in entirety of the core (11a) of the core for a total core [0010].
It would have been obvious to a person of ordinary skill in the dielectric layer art to form the dielectric of Miyazaki et al. using the dielectric material of Yoon et al., since such a modification would form a multilayer ceramic capacitor having a dielectric with high permittivity and improved reliability.
Regarding claim 2, Miyazaki et al. disclose the internal electrode (8, 9) further includes a conductive metal (Ni, Table 6, Sample 6-3).
Regarding claim 3, Yoon et al. disclose the dielectric grain (11) includes a main component and a subcomponent, and the main component includes Ba(Ti1-x Zrx) O3 (m = 1 , x < 0.03) - [0045].
Regarding claim 4, Yoon et al. disclose the subcomponent includes Mn, Cr [0049]-[0050], and Si [0063] – see also [0069].
Regarding claim 7, Yoon et al. disclose an average content of zirconium (Zr) included in entirety of the shell is in a range from about 0.001 mol% to about 10.0 mol% [0010].
Regarding claim 8, Yoon et al. disclose an average content of zirconium (Zr) included in entirety of the core is in a range from greater than about 0 mol% to about 2.0 mol% [0010].
Regarding claim 19, Miyazaki et al. disclose a multilayered capacitor (1), comprising:
an internal electrode (8, 9) comprising zirconium (Zr – Table 6 – sample 6-3) and a conductive metal (Ni – Table 6 – sample 6-3), wherein an average content of Zr in the internal electrode is in a range from about 0.001 mol% to about 1.0 mol% (Zr – Table 6 – sample 6-3 - 0.65 mol%), and a dielectric layer (2).
Miyazaki et al. disclose the claimed invention except for the dielectric comprising at least one dielectric grain having a core-shell structure, wherein core of the core-shell structure has an average Zr content greater than about 0 mol % and less than 0.5 mol%, and shell of the core-shell structure has an average Zr content in a range from about 0.1 mol% to about 5.0 mol%.
Yoon et al. disclose a multilayer ceramic capacitor (4), wherein the multilayer ceramic capacitor comprises a dielectric layer (111, Fig. 1), the dielectric layer comprises at least one dielectric grain (11) having a core-shell structure (11a, 11b), wherein core of the core-shell structure has an average Zr content greater than about 0 mol % and less than 0.5 mol% [0010], and shell of the core-shell structure has an average Zr content in a range from about 0.1 mol% to about 5.0 mol% [0010].
It would have been obvious to a person of ordinary skill in the dielectric layer art to form the dielectric of Miyazaki et al. using the dielectric material of Yoon et al., since such a modification would form a multilayer ceramic capacitor having a dielectric with high permittivity and improved reliability.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyazaki et al. (JP H11214242 A) and Yoon et al. (US 2017/0271082A) as applied to claim 1 above, and further in view of Kim et al. (US 2013/0063862 A).
Regarding claim 9, Miyazaki et al. disclose the claimed invention except for an average thickness of the dielectric layer is in a range from about 0.1 µm to about 5 µm.
Kim et al. disclose an average thickness of the dielectric layer is 0.1 µm to about 5 µm (table 1 – samples 2-3, 5-7).
It would have been obvious to a person of ordinary skill in the dielectric layer art before the effective filing date of the invention to form the dielectric of Miyazaki et al. to have an average thickness of 0.1 µm to about 5 µm, since such a modification would form thin dielectric layers.
Regarding claim 10, Miyazaki et al. disclose the claimed invention except for an average thickness of the internal electrode is in a range from about 0.1 µm to about 2 µm.
Kim et al. disclose a multilayer ceramic component having internal electrodes (table 1), where in the internal electrodes have an average thickness in the range from about 0.1 µm to about 2 µm (table 1 - Samples 1-23).
It would have been obvious to a person of ordinary skill in the internal electrode art before the effective filing date of the invention to form the internal electrodes of Miyazaki et al. to have a thickness of 0.1 µm to about 2 µm, since such a modification would form thin internal electrodes.
Claim(s) 11-14, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon et al. (US 2017/0271082A) in view of Miyazaki et al. (JP H11214242 A).
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Regarding claim 11, Yoon et al. disclose in fig. 4, a multilayered capacitor (100), comprising a capacitor body including a dielectric layer (111) and an internal electrode (121, 122), and an external electrode (131, 132) outside the capacitor body, the dielectric layer (111) includes a plurality of dielectric grains (11), at least one of the plurality of dielectric grains (11) has a core-shell structure (11a, 11b), the core (11a) and the shell (11b) include zirconium (Zr), an average content of zirconium (Zr) included in entirety of the shell is greater than an average content of zirconium (Zr) included in entirety of the core [0010], an average content of Zr in the core is greater than about 0 mol% and less than about 1 mol% [0010], and an average content of Zr in the shell is in a range from about 0.001 mol% to about 10 mol% [0010].
Yoon et al. disclose the claimed invention except for the internal electrode comprises a conductive metal and Zr.
Miyazaki et al. disclose in Fig. 1, a multilayered capacitor (3), comprising: an internal electrode (8, 9) that includes a conductive metal (Ni) and zirconium (Zr - Table 6 - sample 6-3). It would have been obvious in the internal electrode art before the effective filing date of the invention to form the capacitor of Yoon et al. using the internal electrode material of Miyazaki et al., since such a modification would form a multilayer ceramic capacitor wherein the heat/shock resistance characteristic is improved.
Regarding claim 12, Yoon et al. disclose the dielectric grain (11) includes a main component and a subcomponent, and the main component includes Ba(Ti1-x Zrx) O3 (m = 1 , x < 0.03) - [0045].
Regarding claim 13, Yoon et al. disclose the subcomponent includes Mn, Cr [0049]-[0050], and Si [0063] – see also [0069].
Regarding claim 14, Miyazaki et al. disclose the average content of Zr of the internal electrode is 0.65 mol % (Zr – Table 6 – sample 6-3).
Regarding claim 16, Miyazaki et al. disclose the average content of Zr of the internal electrode is 0.65 mol % (Zr – Table 6 – sample 6-3).
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon et al. (US 2017/0271082A) and Miyazaki et al. (JP H11214242 A) as applied to claim 1 above, and further in view of Kim et al. (US 2013/0063862 A).
Regarding claim 17, Yoon et al. disclose the claimed invention except for an average thickness of the dielectric layer is in a range from about 0.1 µm to about 5 µm.
Kim et al. disclose an average thickness of the dielectric layer is 0.1 µm to about 5 µm (table 1 – samples 2-3, 5-7).
It would have been obvious to a person of ordinary skill in the dielectric layer art before the effective filing date of the invention to form the dielectric of Yoon et al. to have an average thickness of 0.1 µm to about 5 µm, since such a modification would form thin dielectric layers.
Regarding claim 18, Yoon et al. disclose the claimed invention except for an average thickness of the internal electrode is in a range from about 0.1 µm to about 2 µm.
Kim et al. disclose a multilayer ceramic component having internal electrodes (table 1), where in the internal electrodes have an average thickness in the range from about 0.1 µm to about 2 µm (table 1 - Samples 1-23).
It would have been obvious to a person of ordinary skill in the internal electrode art before the effective filing date of the invention to form the internal electrodes of Yoon et al. to have a thickness of 0.1 µm to about 2 µm, since such a modification would form thin internal electrodes.
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 ERIC THOMAS whose telephone number is (571)272-1985. The examiner can normally be reached Monday-Friday, 6:00 AM-2:30 PM.
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/ERIC W THOMAS/Primary Examiner, Art Unit 2847
ERIC THOMAS
Primary Examiner
Art Unit 2847
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