Prosecution Insights
Last updated: May 29, 2026
Application No. 18/763,080

MULTILAYER CAPACITOR

Non-Final OA §103
Filed
Jul 03, 2024
Priority
Jul 28, 2023 — JP 2023-123004
Examiner
RAMASWAMY, ARUN
Art Unit
2848
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
TDK Corporation
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
671 granted / 795 resolved
+16.4% vs TC avg
Moderate +13% lift
Without
With
+12.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
25 currently pending
Career history
827
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
85.4%
+45.4% vs TC avg
§102
12.1%
-27.9% vs TC avg
§112
1.2%
-38.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 795 resolved cases

Office Action

§103
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 . 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. Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno (US Publication 2022/0277897). In re claim 1, Mizuno discloses a multilayer capacitor comprising: an element body (10 – Figure 1, ¶19) in which a plurality of dielectric layers (11 – Figure 2, ¶20) and a plurality of internal electrode layers (12 – Figure 2, ¶20) extending in a first direction and a second direction orthogonal to each other (Figure 2, Figure 3) are alternately laminated in a third direction intersecting the first direction and second direction (Figure 2, Figure 3), and which includes at least one end surface (left and right surfaces of 10 – Figure 2) in which at least one internal electrode layer (12 – Figure 2) among the plurality of internal electrode layers is exposed from the plurality of dielectric layers (Figure 2; Note that each of the internal electrodes has an exposed portion that contacts the external electrodes, 20a and 20b shown in Figure 2 [¶19]); and an external electrode terminal (20a, 20b – Figure 2, ¶19) disposed on the at least one end surface and connected to the at least one internal electrode layer (12 – Figure 2). Mizuno does not explicitly disclose in the element body, a weight ratio of a metal containing Ni is from 20% to 25%, and a weight ratio of sulfur is from 3 ppm to 20 ppm. However, Mizuno discloses adjusting the sulfur content and nickel content in the internal electrodes, and thus the weight ratio of nickel and sulfur in the element body, is a balance between sufficient suppression of oxidization of the binder and excessive desorption amount of sulfur leading to cracks (¶56-57, ¶27). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to adjust the amount of nickel and sulfur in the internal electrodes, and thus weight ratio of the elements in the component body, to achieve a device having desired sufficient oxidation suppression and formation of cracks, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno (US Publication 2022/0277897) in view of Takashima et al. (US Publication 2008/0204968). In re claim 2, Mizuno discloses the multilayer capacitor according to claim 1, as explained above. Mizuno does not disclose wherein when the end surface is viewed in plan view along a direction orthogonal to the end surface, a ratio of an area occupied by the plurality of internal electrode layers to an area of the end surface is from 5% to 12%. Takashima discloses that adjusting the thickness of the internal electrodes and the width of the lead-out portions is proportional to the ESR characteristics of the device (¶55). Further, it is well-known in the art that adjusting the number of internal electrode layers is proportional to the capacitance of the device. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to adjust the size of the internal electrode layers, size of the lead-out portions, and the number of internal electrodes, and thus, end surface area proportion of the internal electrodes, to achieve a device having desired ESR characteristics and capacitance, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). In re claim 3, Mizuno discloses the multilayer capacitor according to claim 1, as explained above. Mizuno does not disclose wherein in each of the plurality of internal electrode layers, when the end surface is viewed in plan view along a direction orthogonal to the end surface, a value obtained by dividing an area of the internal electrode layer exposed from the plurality of dielectric layers by a volume of the internal electrode layer is from 0.15 to 0.40. Takashima discloses that adjusting the thickness of the internal electrodes and the width of the lead-out portions is proportional to the ESR characteristics of the device (¶55). Further, it is well-known in the art that adjusting the length of the internal electrodes, and thus overlap area, is correlated with the capacitance of the device. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to adjust the thickness of the internal electrode layers, size of the lead-out portions, and length of the internal electrodes to achieve a device having desired ESR characteristics and capacitance, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno (US Publication 2022/0277897) in view of Lee et al. (US Publication 2021/0233712). In re claim 4, Mizuno discloses the multilayer capacitor according to claim 1, as explained above. Mizuno further discloses wherein the at least one end surface includes a pair of end surfaces (left and right surfaces of 10 – Figure 2) at which internal electrode layers different from each other among the plurality of internal electrodes are exposed (Figure 2), the plurality of internal electrode layers include a pair of internal electrode layers adjacent to each other and exposed at end surfaces different from each other among the pair of end surfaces (Figure 2), each of the pair of internal electrode layers includes an overlapping portion that overlaps with the overlapping portion of the other internal electrode layer among the pair (overlapping portion in 14 – Figure 2, ¶23), and an extended portion (extended portion in 15 – Figure 2, ¶24) connected to the overlapping portion of the same internal electrode layer, extending from the overlapping portion of the same internal electrode layer in the first direction, and exposed at the end surface (Figure 2). Mizuno does not disclose when a width of the extended portion in the second direction is "W1" and a width of the overlapping portion in the second direction is "W2", 1 - (W1/W2) is from 0.35 to 0.55. Lee discloses a width of the extended portion in the second direction is "W1" (H2 – Figure 5C, ¶12) and a width of the overlapping portion in the second direction is "W2" (H1 – Figure 5C, ¶12), 1 - (W1/W2) is from 0.35 to 0.55 (Table 1: Sample 3). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate the internal electrode dimensions as described by Lee to reduce the occurrences of cracks and improve moisture reliability (¶73: Lee). Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno (US Publication 2022/0277897) in view of Kang et al. (US Publication 2022/0139622). In re claim 5, Mizuno discloses the multilayer capacitor according to claim 1, as explained above. Mizuno further discloses wherein the plurality of dielectric layers form a pair of outer layer portions (13 – Figure 2, ¶20) located outside the plurality of internal electrode layers (12 – Figure 2) in the third direction and located to sandwich the plurality of internal electrode layers (Figure 2). Mizuno does not disclose a thickness of one of the pair of outer layer portions is a length of 5% to 10% of the entire thickness of the element body in the third direction. Kang discloses a thickness of one of the pair of outer layer portions (C – Figure 6, ¶61) is a length of 5% to 10% of the entire thickness of the element body in the third direction (T – Figure 6, ¶61) (Table 1: Sample 5). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate the cover layer thickness as described by Kang to improve moisture resistance reliability and accelerated lifespan of the device (¶150-152: Kang). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jeong et al. (US Publication 2022/0157532) [¶137] Jiayin et al. (US Publication 2020/0335279) [¶53] Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARUN RAMASWAMY whose telephone number is (571)270-1962. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm. 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, Timothy Dole can be reached at (571) 272-2229. 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. /ARUN RAMASWAMY/ Primary Examiner, Art Unit 2848
Read full office action

Prosecution Timeline

Jul 03, 2024
Application Filed
Mar 30, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
97%
With Interview (+12.6%)
2y 7m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 795 resolved cases by this examiner. Grant probability derived from career allowance rate.

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