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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12, 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 12, the instant claim recites the limitation “an odor sensor” in line 12. It is vague/unclear if this “an odor sensor” (line 12) is the same as “an odor sensor” (line 4) of the instant claim or if this “an odor sensor” (line 12) is additional or duplicate sensor other than “an odor sensor” of line 4. Furthermore, line 12 of the instant application requires the “odor sensor” (line 12) “electrically connected to the electrode” (line 12) which appears to be same as the limitations in lines 4 – 6 of the instant claim. It is therefore, not clear if this “an odor sensor” of line 12 is duplicate of line 4 or if this is another odor sensor in addition to the “odor sensor” of line 4. For examining purposes, examiner has interpreted line 12 of the instant claim to be duplicate of lines 4 – 6 and not an additional odor sensor.
Regarding Claim 15, the instant claim recites the limitation "the odor sensor mounting region" in line 6. There is insufficient antecedent basis for this limitation resulting in unclear scope of the claim.
Due to claim dependency, all dependent claims 13, 14 and 16 are also rejected.
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.
Claim(s) 1 – 6, 9 – 13, 15 – 16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 8,499,613 B2 to Ziglioli et al. (hereinafter “Ziglioli”).
Regarding Claim 1, Ziglioli teaches an odor measuring device (see abstract describing a chemical sensor, see Col. 3, lines 24 – 60 describing the chemical sensor which includes microbalance cells 1, Fig. 1, see Col. 4, lines 39 – 60 describing an apparatus for odor detection, see apparatus 25, Fig. 3 illustrating the apparatus 25 which is an odor recognition apparatus or an “electronic nose” comprising a circuit board 35 carrying the chip 20, see also the sensor 140 comprising the housing 150 and including the chip 20 within the sensor 140 as illustrated at Figs. 9 - 15) comprising:
a sensor substrate (see substrate 21, Fig. 4, see Col. 4, lines 59 – 65) having a first main surface (see top surface or region of substrate 21, Fig. 4) having a flow path region constituting a flow path (see for instance test portion 165A of a channel 165 that is formed with the cover 152 that allows the gas flow on the chip 20 as described at Col. 6, lines 26 – 44, Col. 7, lines 37 – 43, thus the top region of the chip 20, cell 1 with the cover portion 152 and channel 165 forms the flow path as claimed), the flow path region (top of chip 20, test portion 165A of channel 165, see arrangement at Figs. 12 – 14) including a first region (see for instance the sensitive region 34 of cell 1 arranged on chip 20, see Fig. 4 which can be considered as the claimed first region) and a second region (see other regions where the sample flows on the surface of cell 1 of chip 20, such as regions of the protection or passivation layer 37, Fig. 4);
an odor sensor (see sensitive region 34, Fig. 4 which is similar to the sensitive region 16, Fig. 1, see Col. 3, lines 54 – 59, Col. 4, line 61 – Col. 5, line 8) that is mounted on the first region (see arrangement at Fig. 4) and detects an odorous substance (see Col. 3, lines 54 – 59); and
a first protective layer (see protection or passivation layer 37, Fig. 4, see Col. 5, lines 1 – 3) provided on the second region (see arrangement at Fig. 4).
Insofar as Ziglioli may be construed as not explicitly teaching the invention as described above in a single embodiment, Ziglioli does indicate that the various embodiments can be combined and modifications can be made without departing from the scope of the invention (see Col. 9, lines 4 – 20). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the embodiments as indicated above, since Ziglioli does teach that such modifications are within one of ordinary skill in the art.
Regarding Claim 2, Ziglioli as modified above teaches wherein the sensor substrate includes a base material layer (see base material at 21, Fig. 4), a metal layer (see bottom electrode 10A, Fig. 4) stacked on the base material layer (21), and the first protective layer (37) stacked on the metal layer (see arrangement at Fig. 4).
Regarding Claim 3, Ziglioli as modified above teaches wherein the sensor substrate has a second main surface (see bottom surface region of 21, Fig. 4) opposite to the first main surface (see for instance bottom surface of 21 opposite the top surface of 21, Fig. 4, see also the circuit board 35 which supports or carries the chip 20 at Fig. 3 described at Col. 4, lines 39 - 44 and/or circuit board 153, Fig. 14 described at Col. 5, lines 59 – Col. 6, line 5), and
wherein the odor measuring device (cell 1 inside chip 20 which resides in housing 150 of sensor 140, Figs. 3, 4, 14) further comprises an electronic component mounted on a surface of the sensor substrate other than the first main surface (see for instance electronics 38 which includes multiple components as described at Col. 4, lines 39 – 51, see also chip 20 having a sensor portion 23 and a circuitry portion 24 as illustrated at Fig. 2, see Col. 4, lines 22 – 27, note that the electronics 38 is arranged on a surface of the sensor substrate 21, Fig. 4 and/or 2, Fig. 2 other than the first main surface i.e., other than the top surface of 21 and/or 2, hence reading on the invention as claimed) and electrically connected to the odor sensor (see electrical connection at Figs. 2 – 4).
Regarding Claim 4, Ziglioli as modified above teaches wherein the first main surface (see top surface or region of substrate 21, Fig. 4) further includes a non-flow path region that does not constitute the flow path (see regions other than the channel 165 at Fig. 12 which is considered as the claimed non-flow path region), and
wherein the odor measuring device (140, 150, Figs. 3, 14) further comprises an electronic component (see for instance electronic components such as fan controller 177, an auxiliary chip 176 described at Col. 6, line 66 – Col. 7, line 11 and connectors 182, Fig. 14, see Col. 7, lines 44 – 47) that is mounted in the non-flow path region and electrically connected to the odor sensor (see arrangement at Figs. 9 – 14, hence reading on the invention as claimed).
Regarding Claim 5, Ziglioli as modified above teaches further comprising a sealing member that is bonded to the non-flow path region and seals the electronic component (see arrangement of the fan controller 177 and auxiliary chip 176 that holds multiple circuit and components within the cover as seen at Fig. 11, hence reading on the invention as claimed).
Regarding Claim 6, Ziglioli as modified above teaches wherein the sensor substrate (21) includes a base material layer (see base layer material at Figs. 5 – 6), a metal layer (see bottom electrode 10B, Figs. 5, 6) stacked on the base material layer (21), a support body that is a metal plate or a metal foil (see support body such as upper electrode 15A, 15B, Figs. 5, 6, respectively, which can be considered as the claimed support body) and is attached to the metal layer (see piezoelectric region 11A, 11B which connects the metal layers 10A, 10B with the support body i.e., 15A, 15B as illustrated at Figs. 5, 6), and the first protective layer (37) stacked on the support body (15A, 15B, see arrangement at Figs. 5, 6).
Regarding Claim 9, Ziglioli teaches further comprising:
a support substrate (see the chemical sensor 140 comprising a housing 150 and a circuit board 153 that supports the chip 20 as illustrated at Fig. 14, see Col. 5, lines 59 – 66, thus the circuit board 153 can reasonably be considered as the support substrate as claimed),
wherein the sensor substrate (2, Fig. 2, 21, Fig. 4) is provided in plural (see sensor chip 20 comprising plurality of cells 1, Fig. 3, thus comprising plural of the sensor substrate as claimed),
wherein each of the sensor substrates have a second main surface opposite to the first main surface (second main surface can be considered as the bottom surface of cell 1 or substrates 2, 21, Figs. 2, 4 respectively, which are opposite to the first main surface i.e., top portion of the substrates, hence reading on the invention as claimed),
wherein each of the sensor substrates is connected to the support substrate (see placement of chip 20 on the circuit board 153 at Fig. 14, see Col. 5, line 63 – Col. 6, line 5, hence reading on the invention as claimed),
wherein the second main surfaces of the sensor substrates (bottom portion of chip 20) face the support substrate (see arrangement at Fig. 14 which illustrates bottom portion of chip 20 (i.e., second main surface) faces the circuit board 153 (i.e., support substrate), hence reading on the invention as claimed), and
wherein the odor measuring device further comprises an electronic component (see for instance controller 177, an auxiliary chip 176 described at Col. 6, line 66 – Col. 7, line 11 and connectors 182, Fig. 14, see Col. 7, lines 44 – 47) that is mounted on the second main surface and electrically connected to the odor sensor (see arrangement at Fig. 14).
Regarding Claim 10, Ziglioli as modified above teaches wherein end surfaces of the sensor substrates are provided with a taper that fits with an end surface of an adjacent sensor substrate (see multiple cells 1 connected at Figs. 3, 8 comprising the sensor chip 20, thus it will be obvious to one having ordinary skill in the art to recognize a tapered section to a certain degree at the connection region between the adjacent sensor substrates).
Regarding Claim 11, Ziglioli as modified above teaches wherein the sensor substrate has a second main surface (see bottom surface region of 21, Fig. 4) opposite to the first main surface (see for instance bottom surface of 21 opposite the top surface of 21, Fig. 4, see also the circuit board 35 which supports or carries the chip 20 at Fig. 3 described at Col. 4, lines 39 - 44 and/or circuit board 153, Fig. 14 described at Col. 5, lines 59 – Col. 6, line 5),
wherein the odor sensor includes a first adsorption film to which the odorous substance adsorbs (see sensitive region 34, Fig. 4 which is similar to the sensitive region 16, Fig. 1, see Col. 3, lines 54 – 59, Col. 4, line 61 – Col. 5, line 8), and
wherein the odor measuring device (140, 150, Figs. 3, 14) further comprises a reference sensor that is mounted on the first main surface and has a second adsorption film made of the same material as the first adsorption film (see multiple sensor elements at cells 1 which also includes the same adsorption film such as sensitive region 16, Fig. 1 and/or 34, Fig. 4, therefore the multiple cells/sensors can act as reference sensor as claimed, hence reading on the invention as claimed).
Even though Ziglioli teaches the reference sensor mounted on the first main surface as described above, Ziglioli does not explicitly teach the reference sensor mounted on the second main surface. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the reference sensor on the second main surface as claimed, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950).
Regarding Claim 12, Ziglioli teaches an odor measuring device (see abstract describing a chemical sensor, see Col. 3, lines 24 – 60 describing the chemical sensor which includes microbalance cells 1, Fig. 1, see Col. 4, lines 39 – 60 describing an apparatus for odor detection, see apparatus 25, Fig. 3 illustrating the apparatus 25 which is an odor recognition apparatus or an “electronic nose” comprising a circuit board 35 carrying the chip 20, see also the sensor 140 comprising the housing 150 and including the chip 20 within the sensor 140 as illustrated at Figs. 9 - 15) comprising:
a sensor substrate (see sensor substrate at cell 1B, Fig. 4, see Col. 4, lines 59 – 65) that has a first main surface (see top surface of cell 1B, Fig. 4 that can be considered as the first main surface) and a second main surface (see bottom surface of cell 1B, Fig. 4 that can be considered as the second main surface), the first main surface (top portion of Fig. 4) having a first region (see for instance the sensitive region 34 of cell 1 arranged on chip 20, see Fig. 4 which can be considered as the claimed first region) and a second region (see other regions the top surface of cell 1 of chip 20, such as regions of the protection or passivation layer 37, Fig. 4), the first region including a sensor region to which an odor sensor for detecting an odorous substance is bonded (see sensitive region 34, Fig. 4 which is similar to the sensitive region 16, Fig. 1, see Col. 3, lines 54 – 59, Col. 4, line 61 – Col. 5, line 8) and an electrode region that is adjacent to the sensor region and provided with an electrode to which the odor sensor is connected (see for instance multiple contacts 106 – 108 and top electrode 15A, Fig. 4 that are arranged on top surface of the cell 1B and connected to the sensitive region 34 electrically, hence reading on the invention as claimed), the second main surface being a main surface opposite to the first main surface (see arrangement at Fig. 4);
a first conductive pattern (see for instance bottom electrode 10A, Fig. 4) that is provided on the second main surface and is electrically connected to the electrode (see arrangement at Fig. 4 illustrating the bottom electrode 10A that is provided on bottom surface of the piezoelectric region 11A thus being opposite to the top surface (i.e., first main surface), hence being on the second main surface as claimed);
a metal layer (see top electrode 15A, Fig. 4) that is provided in the second region (see arrangement at Fig. 4 illustrating electrode 15A arranged on top surface of the piezoelectric region 11A, hence reading on the invention as claimed);
a first protective layer (see protection or passivation layer 37, Fig. 4, see Col. 5, lines 1 – 3) that is stacked on the metal layer (15A);
an odor sensor mounted on the first region and electrically connected to the electrode (see sensitive region 34, Fig. 4 arranged on the first region or top region and connected to the electrode as described above);
an electronic component (see electronic circuit 38, Fig. 4) mounted on the second main surface (see arrangement at Fig. 4) and electrically connected to the first conductive pattern (see arrangement at Figs. 3, 4); and
a sensor chamber (see sensor 140 comprising a housing 150, Figs. 9 – 14) having the first main surface as an inner surface (see arrangement at Figs. 9 – 14).
Insofar as Ziglioli may be construed as not explicitly teaching the invention as described above in a single embodiment, Ziglioli does indicate that the various embodiments can be combined and modifications can be made without departing from the scope of the invention (see Col. 9, lines 4 – 20). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the embodiments as indicated above, since Ziglioli does teach that such modifications are within one of ordinary skill in the art.
Even though Ziglioli teaches a passivation or protection layer 37 as described above, Ziglioli does not explicitly teach the passivation or protection layer 37 as also inhibiting adhesion of an odorous substance. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a protective layer made such that it inhibits adhesion of an odorous substance, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). The modification allows for more sensitive and accurate chemical/odor sensing device.
Regarding Claim 13, Ziglioli as modified above teaches wherein the sensor substrate is provided with a second conductive pattern connected to a ground on the second main surface (see for instance contact 108 used to connect to ground, see Col. 5, lines 4 – 8, see arrangement at Fig. 4, hence reading on the invention as claimed), and
wherein the metal layer (15A, Fig. 4) is electrically connected to the second conductive pattern via a through hole provided in the sensor substrate (see arrangement at Fig. 4).
Regarding Claim 15, Ziglioli teaches an odor measuring device (see abstract describing a chemical sensor, see Col. 3, lines 24 – 60 describing the chemical sensor which includes microbalance cells 1, Fig. 1, see Col. 4, lines 39 – 60 describing an apparatus for odor detection, see apparatus 25, Fig. 3 illustrating the apparatus 25 which is an odor recognition apparatus or an “electronic nose” comprising a circuit board 35 carrying the chip 20, see also the sensor 140 comprising the housing 150 and including the chip 20 within the sensor 140 as illustrated at Figs. 9 - 15) comprising:
a sensor substrate (see substrate 21, Fig. 4, see Col. 4, lines 59 – 65) having a first main surface (see top surface or region of substrate 21, Fig. 4) having a flow path region constituting a flow path (see for instance test portion 165A of a channel 165 that is formed with the cover 152 that allows the gas flow on the chip 20 as described at Col. 6, lines 26 – 44, Col. 7, lines 37 – 43, thus the top region of the chip 20, cell 1 with the cover portion 152 and channel 165 forms the flow path as claimed) and includes a first protective layer (see protection or passivation layer 37, Fig. 4, see Col. 5, lines 1 – 3) provided in the flow path region (see arrangement at Figs. 4, 14), the first protective layer inhibiting adhesion of an odorous substance contained in a gas flowing through the flow path (see protection or passivation layer 37, Fig. 4, see Col. 5, lines 1 – 3, thus it would be obvious to one having ordinary skill in the art to recognize the protection or passivation layer 37 which may be used to inhibit adhesion of odorous substance as claimed); and
an odor sensor (see sensitive region 34, Fig. 4 which is similar to the sensitive region 16, Fig. 1, see Col. 3, lines 54 – 59, Col. 4, line 61 – Col. 5, line 8) that is mounted in the odor sensor mounting region (see arrangement at Fig. 4) and detects an odorous substance contained in the gas (see Col. 3, lines 54 – 59).
Insofar as Ziglioli may be construed as not explicitly teaching the invention as described above in a single embodiment, Ziglioli does indicate that the various embodiments can be combined and modifications can be made without departing from the scope of the invention (see Col. 9, lines 4 – 20). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the embodiments as indicated above, since Ziglioli does teach that such modifications are within one of ordinary skill in the art.
Even though Ziglioli teaches a passivation or protection layer 37 as described above, Ziglioli does not explicitly teach the passivation or protection layer 37 as also inhibiting adhesion of an odorous substance. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a protective layer made such that it inhibits adhesion of an odorous substance, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). The modification allows for more sensitive and accurate chemical/odor sensing device.
Regarding Claim 16, Ziglioli teaches the claimed invention except for wherein the first protective layer is made of amorphous silicon, diamond-like-carbon (DLC), a noble metal, or a composite layer thereof. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a protective layer made of amorphous silicon, diamond-like-carbon (DLC), a noble metal, or a composite layer thereof, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Allowable Subject Matter
Claims 7 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if the 35 U.S.C. 112 rejection can be overcome and if rewritten in independent form including all of the limitations of the base claim and any intervening claims. However, an updated search will again be made upon applicant’s response.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form accompanying this office action which includes the following relevant art:
Ziglioli (U.S. 2012/0286381 A1) teaches an electronic micro-electro-mechanical system (MEMS) device comprising a chip bonded to a substrate and having cavities and to the manufacturing process thereof. In particular, the present disclosure applies to chemical sensors for detecting odorous matters.
Ruby et al. (U.S. 2004/0172798 A1) teaches a method for fabricating an acoustical resonator on a substrate having a top surface. First, a depression in said top surface is generated. Next, the depression is filled with a sacrificial material. The filled depression has an upper surface level with said top surface of said substrate. Next, a first electrode is deposited on said upper surface. Then, a layer of piezoelectric material is deposited on said first electrode. A second electrode is deposited on the layer of piezoelectric material using a mass load lift-off process.
Shibusawa Kunihiko (JP 2019090709 A) teaches an electrode structure equipped with a substrate and an electrode composed of a valve metal that is formed on at least a portion of the substrate, in which a protective film composed of an amorphous carbon film or a protective film composed of a dry thin film including one or more of the oxide, nitride, carbide, oxynitride, carbonate, carbonitride and carboxynitride layers of silicon or metal is formed on the electrode, the protective film having a film thickness of more than 10 nm and less than 200 nm.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARRIT EYASSU whose telephone number is (571)270-1403. The examiner can normally be reached M - F: 9:00AM - 6:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura E. Martin can be reached at (571) 272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARRIT EYASSU/Primary Examiner, Art Unit 2855
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