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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 102
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 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) 1-2, 4, 6-9, 11-12, 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okuda (US 2021/0104364).
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Regarding claim 1, Okuda discloses in fig. 1, 3, and 5, a multilayer ceramic capacitor comprising:
an element body portion (10) including a first principal surface (11) and a second principal surface (12) opposite to each other in a thickness direction (T), a first side surface (13) and a second side surface (14) opposite to each other in a width direction (W), and a first end surface (15) and a second end surface (16) opposite to each other in a length direction (L), and a plurality of dielectric layers (20) and a plurality of internal electrode layers (21) laminated in the thickness direction (T); and
a pair of external electrodes (51, 52) respectively on the first end surface (15) and the second end surface (16), and electrically connected to the plurality of internal electrode layers (21); wherein
each of the plurality of internal electrode layers (21) includes an opposing portion opposed to an internal electrode layer of the plurality of internal electrodes (21) which is adjacent in the thickness direction (T), and a lead-out portion (22) connected to the
opposing portion (23) and extending to the first end surface (15) or the second end surface (16);
a width of the opposing portion (23) is larger than a width of the lead-out portion (22) in the width direction (W); and
a relationship of C1 > C2 ([0007], [0179], table 1) is satisfied when a continuity of an end portion (table 1, Region Lb, Cross-section A) of the opposing portion in the width direction is defined as C1 (table 1, example 1, cross-section A, Region Lb) and a continuity of an end portion ([0179], table 1, example 1, Cross-section A, Region La) of the lead-out portion in the width direction is defined as C2.
Regarding claim 2, Okuda discloses wherein a relationship of T1 > T2 is satisfied when a thickness of the end portion of the opposing portion in the width
direction is defined as T1 [0109] and a thickness of the end portion of the lead-out portion in the width direction is defined as T2 [0109].
Regarding claim 4, Okuda discloses the element body portion (10) includes a first outer layer portion (Fig. 2) and a second outer layer portion on both sides in the
thickness direction (T);
a first cross section of the element body portion parallel or substantially parallel to the thickness direction (T) and the width direction (W) includes four first corner portions that are rounded at a central portion of the element body portion (10) in the length direction (L); and
when a curvature radius of each of the four first corner portions is defined as r1, r1 is smaller than each of thicknesses of the first outer layer portion and the second
outer layer portion in the thickness direction in the first cross section (see annotated figure below).
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Regarding claim 6, Okuda discloses the element body portion has a rectangular or substantially rectangular parallelepiped shape (see fig. 1).
Regarding claim 7, Okuda discloses each of the plurality of dielectric layers (20 includes a perovskite compound including Ba and Ti as a primary component [0046], [0162].
Regarding claim 8, Okuda discloses each of the plurality of dielectric layers includes at least one of Si, Mg, Mn, V, Cr, or rare earth elements as an additive [0046].
Regarding claim 9, Okuda discloses wherein each of the plurality of internal electrode layers (21) includes Ni [0051], [0163].
Regarding claim 11, Okuda discloses the multilayer ceramic capacitor has a dimension in the length direction of greater than or equal to about 0.2 mm and
less than or equal to about 4.5 mm [0168], a dimension in the width direction of greater than or equal to about 0.125 mm and less than or equal to about 3.2 mm [0168], and a dimension in the thickness direction of greater than or equal to about 0.125 mm and less than or equal to about 2.5 mm [0168].
Regarding claim 12, Okuda discloses a portion of the plurality of internal electrode layers (21) bulges toward one of the first (11) and second (12) principal surfaces (see fig. 6).
Regarding claim 14, Okuda discloses wherein each of the pair of external electrode layers (51, 52) includes a Cu layer on the element body portion [0167], a Ni plating layer on the Cu layer [0167], and a Sn plating layer on the Ni plating layer [0167].
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.
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okuda (US 2021/0104364) in view of Kim et al. (US 2006/0139848).
Regarding claim 3, Okuda discloses the claimed invention except for a relationship of D1 > D2 is satisfied when a deviation amount in the width direction between the lead-out portion located closest to the first side surface and the lead-out
portion located closest to the second side surface among the lead-out portions is defined as D1 and a deviation amount in the width direction between the opposing portion located closest to the first side surface and the opposing portion located closest
to the second side surface among the opposing portions is defined as D2.
Kim et al. disclose a process of forming a ceramic capacitor wherein side margins are cut and expose ends of internal electrodes in the width direction of the ceramic capacitor (Fig. 16-18).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to form the capacitor of Okuda so that the side margins are cut, since such a modification would form a multilayer ceramic capacitor in which the occurrence of cracks can be prevent.
The modified Okuda disclose a relationship of D1 > D2 is satisfied when a deviation amount in the width direction between the lead-out portion located closest to the first side surface and the lead-out portion located closest to the second side surface among the lead-out portions is defined as D1 (from misalignment of the cutting lines – Fig. 16-18) and a deviation amount in the width direction between the opposing portion located closest to the first side surface and the opposing portion located closest to the second side surface among the opposing portions is defined as D2 (no deviation from the cut margins – Fig. 16-18).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okuda (US 2021/0104364) in view of Suzuki et al. (US 2013/0321980).
Regarding claim 10, Okuda discloses the claimed invention except for each of the plurality of internal electrode layers includes Sn at an interface with a dielectric layer of the plurality of dielectric layers.
Suzuki et al. disclose a ceramic capacitor comprising internal electrodes (3, 4) separated by dielectric layers (2), wherein each of the plurality of internal electrode layers includes Sn at an interface with a dielectric layer of the plurality of dielectric layers [0011].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the capacitor of Okuda so that each of the plurality of internal electrode layers includes Sn at an interface with a dielectric layer of the plurality of dielectric layers, since such a modification would form a multilayer ceramic capacitor having superior reliability during an application of a voltage [0026].
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okuda (US 2021/0104364).
Regarding claim 13, Okuda discloses the claimed invention except for the portion of the plurality of internal electrode layers includes about 20% or less of a total number of the plurality of internal electrode layers.
Okuda discloses the portion of the plurality of internal electrode layers (21) that bulges toward one of the first (11) and second (12) principal surfaces improves adhesion between the internal electrodes and dielectric layers, resulting in enhanced anchoring effect and greater posture stability.
It would have been obvious to a person of ordinary skill in the internal electrode art to form the device of Okuda so that the portion of the plurality of internal electrode layers includes about 20% or less of a total number of the plurality of internal electrode layers, since such a modification would provide a multilayer ceramic capacitor having the desired posture stability during mounting.
Claim(s) 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okuda (US 2021/0104364) in view of Nishisaka et al. (US 2018/0096791).
Regarding claim 15, Okuda discloses the claimed invention except for the Cu layer includes a first layer portion and a second layer portion on the first layer portion.
Nishisaka et al. disclose a multilayer ceramic capacitor (title) comprising external electrodes (14a, 14b), wherein each external electrode (14a, 14b) comprises copper layer (141a, 143a; 141b, 143b) on the element body, wherein the Cu layer includes a first layer portion (141a, 141b) and a second layer portion (143a, 143b) on the first layer portion (141a, 141b).
It would have been obvious to a person of ordinary skill in the external electrode art to form the external electrodes of Okuda et al. so that the Cu layer includes a first layer portion and a second layer portion on the first layer portion, since such a modification would form a multilayer ceramic capacitor having high moisture resistance reliability.
It would have been obvious to a person of ordinary skill in the external electrode art to form the external electrodes of Okuda et al. so that the Cu layer includes a first layer portion and a second layer portion on the first layer portion, since external electrode materials are selected based on design considerations and tradeoffs between cost, mechanical properties, and electrical properties.
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, 125 USPQ 416.
Regarding claim 16, Nishisaka et al. teach that the first layer portion (141a, 141b) is a Cu-rich layer including a higher Cu content than the second layer portion ((143a, 143b), [0049], [0096], table 1).
Regarding claim 17, Nishisaka et al. teach that the second layer portion (143a, 143b) is a glass-rich portion including a higher glass content ([0096], table 1) than the first layer portion (141a, 141b).
Regarding claims 18-19, Nishisaka et al. teach that a thickness of the first layer portion is about 5 % (20%) or less of a total thickness of the Cu layer [0052], [0057].
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)
Allowable Subject Matter
Claim 5 is 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.
The following is a statement of reasons for the indication of allowable subject matter: In combination with the other claim limitations, the prior art does not teach or suggest a multilayer ceramic capacitor when a curvature radius of each of the four second corner portions is defined as r2, r2 is larger than r1, and in the second cross section, r2 is larger than each of the thicknesses of the first outer layer portion and the second outer layer portion in the thickness direction (claim 5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP 06-013259 A
US 2017/0345571 A1
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/ERIC W THOMAS/Primary Examiner, Art Unit 2848
ERIC THOMAS
Primary Examiner
Art Unit 2848