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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 9, 2026 has been entered.
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.
Claims 1-5, 7-11 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kurosu et al. (US 20210202177) in view of Kato (US 20210272755).
In regards to claim 1, Kurosu discloses a ceramic electronic component comprising: a body (10 – FIG. 3; [0051]) including an active portion (portion of 10 between layers 31 and 32 as seen in FIG. 3 and between layers 41 and 42 as seen in FIG. 4), including a first dielectric layer (20, including 20a and 20b – FIGs. 3-4; [0058]) and first and second internal electrodes alternately stacked with the first dielectric layer (21 and 22 – FIG. 3; [0049]; see also FIG. 15, noting that Examiner is taking alloy portion 310 to be part of respective electrode 21 or 22) in a stacking direction (seen in FIG. 3), and a margin portion (41 or 42 – FIG. 4; [0067]) disposed on a side surface of the active portion and including a second dielectric layer (41 or 42 – FIG. 4; [0067]); and an external electrode (51 or 52 – FIG. 3; [0050]) disposed on the body, wherein: the first dielectric layer contacts and overlaps the first and second internal electrodes in the stacking direction (see FIGs. 3, 15-16 and [0154], noting that layer 20 includes 20a and 20b, which may also overlap and contact electrode 22 in the stacking direction) and includes tin (Sn) (see [0170] and [0081], noting Sn added to layer 20b and/or 20a) and dysprosium (Dy) ([0095]-[0096]); the second dielectric layer includes magnesium (Mg) (described in [0083]).
Kurosu fails to expressly disclose a molar ratio of dysprosium (Dy) and tin (Sn) (Dy/Sn) included in the first dielectric layer is 0.6 to 1.0 with sufficient specificity, and the second dielectric layer does not include Dy or includes a smaller concentration of dysprosium (Dy) than the first dielectric layer.
However, Kurosu teaches a content of Sn is preferably about 0.05 mol % or more, and about 3.0 mol % or less, for example, with respect to 100 moles of Ti, and a content of rare earth element which includes Dy is 0.2 mol % or more and about 5 mol % or less (described in Kurosu: [0081], [0096]-[0097]; see also [0170]). Thus, Kurosu teaches a molar ratio of dysprosium (Dy) and tin (Sn) (Dy/Sn) included in the first dielectric layer is 0.6 to 1.0, noting, for example, the content of Sn may be equal to the content of Dy within the taught ranges of Kurosu resulting the molar ratio of dysprosium (Dy) and tin (Sn) (Dy/Sn) included in the first dielectric layer being 1.0. While the specific ranges of “wherein: a molar ratio of dysprosium (Dy) and tin (Sn) (Dy/Sn) is 0.6 to 1.0” is not specifically disclosed in the cited references a prima facie case of obviousness exists when the claimed ranges “overlap or lie inside ranges disclosed by the prior art” 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).
Kato teaches the second dielectric layer (16 – FIG. 3; [0026) does not include Dy or includes a smaller concentration of dysprosium (Dy) than the first dielectric layer (see FIGs. 6-7 and [0036]-[0038]; see also [0044], [0051] noting the first rare earth element of the capacity section is such as Dy, Ho or the like and the first rare earth element of the second dielectric layer is such as Er, Yb, Lu or the like).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to construct the ceramic electronic component of Kurosu such that the second dielectric layer does not include Dy or includes a smaller concentration of dysprosium (Dy) than the first dielectric layer, as taught by Kato, in order to suppress the delay of the sintering of the second dielectric layer and to prevent intrusion of moisture from outside (Kato: [0033], [0044], [0051]).
In regards to claim 2, modified Kurosu further teaches wherein: the first dielectric layer does not include Mg or includes a smaller concentration of Mg than the second dielectric layer (described in Kurosu: [0080], [0083]).
In regards to claim 3, modified Kurosu further teaches wherein: the second dielectric layer does not include Sn or includes a smaller concentration of tin (Sn) than the first dielectric layer (described in Kurosu: [0081], [0170], [0173] and [0067], noting FIG. 4).
In regards to claim 4, modified Kurosu further teaches wherein: the first dielectric layer includes a barium titanate-based material as a main component (described in Kurosu: [0023]).
In regards to claim 5, modified Kurosu further teaches wherein: the first dielectric layer includes 0.5 mole to 1.5 moles of tin (Sn) and 0.6 mole to 1.0 mole of dysprosium (Dy) per 100 moles of the barium titanate-based material (Kurosu: [0096]-[0097], noting 0.2 mol % or more and about 5 mol % or less of the Dy).
While the specific ranges of “the first dielectric layer includes 0.5 mole to 1.5 moles of tin (Sn) and 0.6 mole to 1.0 mole of dysprosium (Dy) per 100 moles of the barium titanate-based material” is not specifically disclosed in the cited references a prima facie case of obviousness exists when the claimed ranges “overlap or lie inside ranges disclosed by the prior art” 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).
In regards to claim 7, modified Kurosu further teaches wherein: the second dielectric layer includes a barium titanate-based material as a main component (described in Kurosu: [0077]).
In regards to claim 8, modified Kurosu further teaches wherein: the second dielectric layer includes 1.5 moles to 2.5 moles of magnesium (Mg) per 100 moles of the barium titanate-based material (described in Kurosu: [0083], noting the second dielectric layer includes about 0.05 mol % or more and about 5.0 mol % or less).
While the specific ranges of “the second dielectric layer includes 1.5 moles to 2.5 moles of magnesium (Mg) per 100 moles of the barium titanate-based material” is not specifically disclosed in the cited references a prima facie case of obviousness exists when the claimed ranges “overlap or lie inside ranges disclosed by the prior art” 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).
In regards to claim 9, modified Kurosu further teaches wherein: the first dielectric layer further includes at least one of yttrium (Y), terbium (Tb), holmium (Ho), erbium (Er), gadolinium (Gd), cerium (Ce), samarium (Sm), lanthanum (La), neodymium (Nd), or praseodymium (Pr) (described in Kurosu: [0123], [0096]).
In regards to claim 10, modified Kurosu further teaches wherein: the first dielectric layer further includes at least one of manganese (Mn) or vanadium (V) (described in Kurosu: [0096]).
In regards to claim 11, modified Kurosu further teaches wherein: each of the first and second dielectric layers further includes at least one of silicon (Si) or aluminum (Al) (described in Kurosu: [0077], [0082]).
In regards to claim 13, modified Kurosu further teaches wherein the external electrode includes a first external electrode and a second external electrode, respectively disposed on opposite external surfaces of the body in a length direction of the body (seen in Kurosu: FIG. 1); and the internal electrode includes a plurality of first and second internal electrodes alternately laminated in a thickness direction of the body and respectively connected to the first and second external electrodes (seen in Kurosu: FIG. 1).
In regards to claim 14, modified Kurosu further teaches wherein a thickness of the first dielectric layer is 0.4 µm or less (described in Kurosu: [0059]).
In regards to claim 15, modified Kurosu further teaches wherein the tin (Sn) and dysprosium (Dy) are included in a central portion of the first dielectric layer in a thickness direction (Kurosu: [0081], [0095]-[0096]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kurosu in view of Kato as applied to claim 1 above, and further in view of Yu et al. (US 20180233286).
In regards to claim 12, Kurosu as modified by Kato further teaches wherein: the body further includes cover portions respectively disposed on an upper surface and a lower surface of the active portion in a thickness direction (upward in FIG. 3) of the body and including a third dielectric layer (seen in FIG. 3; [0067]); the margin portion is disposed to extend to opposite side surfaces of the cover portions (seen in Kurosu: [0067]).
Kurosu as modified by Kato fails to teach the first and third dielectric layers have the same dielectric composition.
Yu teaches the first and third dielectric layers have the same dielectric composition (described in [0035]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to construct the ceramic electronic component of Kurosu such that the first and third dielectric layers have the same dielectric composition, as taught by Yu, in order for the cover regions to prevent damage to the first and second internal electrodes due to physical or chemical stress (Kurosu: [0035]).
Response to Arguments
Applicant's arguments filed 2/9/2026 have been fully considered but they are not persuasive.
The applicant argues that the Kurosu reference discloses a second dielectric layer (20b) that contacts the side surface of the internal electrode and therefore does not read on the claimed first dielectric layer. It should be noted that the rejection has been updated to indicate that the first dielectric layer in Kurosu is considered to be dielectric layer 20, which includes two portions 20a and 20b, and the combination (dielectric layer 20), reads on the claimed first dielectric layer since it is alternately stacked with the first and second internal electrodes and it overlaps the first and second electrodes, as shown in the rejection above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Timothy J Dole whose telephone number is (571)272-2229. The examiner can normally be reached M-F 7:30am-3:30pm.
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/Timothy J. Dole/Supervisory Patent Examiner, Art Unit 2848
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