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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-9, 12-13 and 15-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for the metal layer being a magnetic material, does not reasonably provide enablement for the metal layer being a non-magnetic material. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims. The broadest reasonable interpretation of claims 2 and/or claim 3 covers a magnetic sensor having a metal layer made of non-magnetic material, The specification discloses enough information for one of ordinary skill in the art to make a magnetic sensor with the metal layer being a magnetic material. The specification does not provide direction on how to make the magnetic sensor having a metal layer made of non-magnetic materials, e.g. aluminum, copper and etc.…At the time of filing, the state of the art was such that magnetic element(s) is/are used to redirect or guide the magnetic field to the magnetic field detecting sensor and having a metal layer of a non-magnetic material would defeat its purpose. Thus, the disclosed example does not bear a reasonable correlation to the full scope of the claim. Taking these factors into account, undue experimentation would be required by one of ordinary skill in the art to practice the full scope of the claims.
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, 11 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (US 2016/0306015).
Regarding claims 1, 11 and 14, Yang teaches a magnetic sensor comprising a plurality of sets, wherein each set comprises a magnetic field detecting element (Fig. 7, item 20) and a pair of soft magnetic layers (38), and the magnetic field detecting elements of the sets constitute a bridge circuit (para. 34) wherein
in each set,
the magnetic field detecting element is positioned at a location that is different from the soft magnetic layers in a thickness direction of the soft magnetic layers, wherein the thickness direction is a direction in which the pair of the soft magnetic layers has a thinnest thickness (Fig. 7)
the magnetic field detecting element has a magnetic field detecting direction that is parallel to a direction in which the soft magnetic layers are arranged (Fig. 7);
as viewed in the thickness direction, the soft magnetic layers are positioned on both sides of a center of the magnetic field detecting element, and
at least some of the sets are adjacent to each other in the magnetic field detecting direction, and one of the soft magnetic layers of one of adjacent sets is integral with one of the soft magnetic layers of the remaining adjacent set (Fig. 7, the soft magnetic layer 38-7 is shared between the adjacent sets RN-1 and RN-2);
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wherein the magnetic field detecting element has a TMR element (para. 27) [claim 11]; and
wherein the region where the magnetic field element is positioned is only between adjacent ends of the pair of the soft magnetic layers, as viewed in the thickness direction (Fig. 7, the magnetic field element RN-2 is positioned between the ends of the magnetic flux concentrators 38-7 and 38-8 in the thickness direction) [claim 14].
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims of Patent No. 11,408,950
Claims of Current Application
7. A magnetic sensor comprising:
a first soft magnetic layer;
a pair of second soft magnetic layers that is positioned at a location that is different from the first soft magnetic layer in a thickness direction of the first soft magnetic layer; and
a magnetic field detecting element that is positioned between the first soft magnetic layer and the second soft magnetic layers in the thickness direction, wherein the magnetic field detecting element has a magnetic field detecting direction that is parallel to a direction in which the pair of the second soft magnetic layers is arranged, wherein
as viewed in the thickness direction, the second soft magnetic layers are positioned on both sides of a center of the first soft magnetic layer, and the magnetic field detecting element is positioned inside of a periphery of the first soft magnetic layer, the magnetic sensor further includes a plurality of sets, wherein each set comprises the magnetic field detecting element, the first soft magnetic layer and the pair of second soft magnetic layers, and the magnetic field detecting elements of the sets constitute a bridge circuit, and at least some of the sets are adjacent to each other in the magnetic field detecting direction, and one of the second soft magnetic layers of one of adjacent sets is integral with one of the second soft magnetic layers of the remaining adjacent set.
8. The magnetic sensor according to claim 7, wherein the plurality of sets is four sets, wherein two of the four sets are adjacent to each other in the magnetic field detecting direction so as to form a first row, and remaining two of the four sets are adjacent to each other in the magnetic field detecting direction so as to form a second row, the first row and the second row are adjacent to each other in a direction that is perpendicular to the magnetic field detecting direction, and a center of the magnetic field detecting element and centers of the second soft magnetic layers of each set are closer to a boundary between the first row and the second row than a center of the first soft magnetic layer, as viewed in the thickness direction.
9. The magnetic sensor according to claim 7, wherein the magnetic field detecting element faces a central portion of the first soft magnetic layer.
10. The magnetic sensor according to claim 9, wherein the magnetic field detecting element faces only the central portion of the first soft magnetic layer.
12. The magnetic sensor according to claim 7, wherein the pair of the second soft magnetic layers overlaps the first soft magnetic layer, as viewed in the thickness direction.
13. The magnetic sensor according to claim 7, wherein the pair of the second soft magnetic layers is spaced from the first soft magnetic layer, as viewed in the thickness direction.
14. The magnetic sensor according to claim 7, wherein an edge of the second soft magnetic layer that faces the first soft magnetic layer is chamfered.
15. The magnetic sensor according to claim 7, wherein the magnetic field detecting element has a TMR element.
1. A magnetic sensor comprising a plurality of sets, wherein each set comprises a magnetic field detecting element and a pair of soft magnetic layers, and the magnetic field detecting elements of the sets constitute a bridge circuit, wherein
in each set,
the magnetic field detecting element is positioned at a location that is different from the soft magnetic layers in a thickness direction of the soft magnetic layers, wherein the thickness direction is a direction in which the pair of the soft magnetic layers has a thinnest thickness,
the magnetic field detecting element has a magnetic field detecting direction that is parallel to a direction in which the soft magnetic layers are arranged,
as viewed in the thickness direction, the soft magnetic layers are positioned on both sides of a center of the magnetic field detecting element, and
at least some of the sets are adjacent to each other in the magnetic field detecting direction, and one of the soft magnetic layers of one of adjacent sets is integral with one of the soft magnetic layers of the remaining adjacent set.
2. The magnetic sensor according to claim 1, further comprising a metal layer, wherein the magnetic field detecting element is positioned between the metal layer and the soft magnetic layers in the thickness direction, and as viewed in the thickness direction, entirety of the magnetic field detecting element overlaps the metal layer.
4. The magnetic sensor according to claim 2, wherein as viewed in the thickness direction, the entirety of the magnetic field detecting element is positioned between the soft magnetic layers.
5. The magnetic sensor according to claim 4, wherein as viewed in the thickness direction, the center of the magnetic field detecting element is positioned between the soft magnetic layers.
6. The magnetic sensor according to claim 2, wherein the pair of the soft magnetic layers overlaps the metal layer, as viewed in the thickness direction.
7. The magnetic sensor according to claim 2, wherein the pair of the soft magnetic layers is spaced from the metal layer, as viewed in the thickness direction.
8. The magnetic sensor according to claim 2, wherein an edge of each soft magnetic layer of the pair of soft magnetic layers that faces the metal layer is chamfered.
9. The magnetic sensor according to claim 2, wherein the plurality of sets is four sets, wherein two of the four sets are adjacent to each other in the magnetic field detecting direction so as to form a first row, and remaining two of the four sets are adjacent to each other in the magnetic field detecting direction so as to form a second row, the first row and the second row are adjacent to each other in a direction that is perpendicular to the magnetic field detecting direction, and the center of the magnetic field detecting element and centers of the soft magnetic layers of each set are closer to a boundary between the first row and the second row than a center of the metal layer, as viewed in the thickness direction.
10. The magnetic sensor according to claim 1, wherein the plurality of sets is four sets, wherein two of the four sets are adjacent to each other in the magnetic field detecting direction so as to form a first row, and remaining two of the four sets are adjacent to each other in the magnetic field detecting direction so as to form a second row, the first row and the second row are adjacent to each other in a direction that is perpendicular to the magnetic field detecting direction.
11. The magnetic sensor according to claim 1, wherein the magnetic field detecting element has a TMR element.
12. The magnetic sensor according to claim 2, wherein the magnetic field detecting element is positioned inside of a periphery of the metal layer.
14. The magnetic sensor according to claim 1, wherein the region where the magnetic field detecting element is positioned is only between adjacent ends of the pair of the soft magnetic layers, as viewed in the thickness direction.
15. The magnetic sensor according to claim 2, wherein the magnetic field detecting element faces only a central portion of the metal layer.
Claims 1-2, 4-12 and 14-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7-10 and 12-15 of U.S. Patent No. 11,408,950 (Patent ‘950). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 7-10 and 12-15 of Patent ‘950 anticipate claims 1-2, 4-12, 14-15 of the current application.
Claims of US Patent No. 11,762,044
Claims of Current Application
1. A magnetic sensor comprising a plurality of sets, wherein each set comprises a magnetic field detecting element, a first soft magnetic layer and a pair of second soft magnetic layers, and the magnetic field detecting elements of the sets constitute a bridge circuit, and
in each set, the pair of second soft magnetic layers is positioned at a location that is different from the first soft magnetic layer in a thickness direction of the first soft magnetic layer, wherein the thickness direction is a direction in which the first soft magnetic layer has a thinnest thickness,
the magnetic field detecting element is positioned between the first soft magnetic layer and the second soft magnetic layers in the thickness direction, wherein the magnetic field detecting element has a magnetic field detecting direction that is parallel to a direction in which the pair of the second soft magnetic layers is arranged, and
as viewed in the thickness direction, the second soft magnetic layers are positioned on both sides of a center of the first soft magnetic layer, and
at least some of the sets are adjacent to each other in the magnetic field detecting direction, and one of the second soft magnetic layers of one of adjacent sets is integral with one of the second soft magnetic layers of the remaining adjacent set.
3. The magnetic sensor according to claim 1, wherein the pair of the second soft magnetic layers overlaps the first soft magnetic layer, as viewed in the thickness direction.
4. The magnetic sensor according to claim 1, wherein the pair of the second soft magnetic layers is spaced from the first soft magnetic layer, as viewed in the thickness direction.
5. The magnetic sensor according to claim 1, wherein an edge of the second soft magnetic layer that faces the first soft magnetic layer is chamfered.
6. The magnetic sensor according to claim 1, wherein the plurality of sets is four sets, wherein two of the four sets are adjacent to each other in the magnetic field detecting direction so as to form a first row, and remaining two of the four sets are adjacent to each other in the magnetic field detecting direction so as to form a second row, the first row and the second row are adjacent to each other in a direction that is perpendicular to the magnetic field detecting direction, and a center of the magnetic field detecting element and centers of the second soft magnetic layers of each set are closer to a boundary between the first row and the second row than a center of the first soft magnetic layer, as viewed in the thickness direction.
7. The magnetic sensor according to claim 1, wherein the magnetic field detecting element has a TMR element.
8. The magnetic sensor according to claim 1, wherein the magnetic field detecting element is positioned inside of a periphery of the first soft magnetic layer.
9. The magnetic sensor according to claim 1, wherein a region where the magnetic field detecting element is positioned corresponds to a central portion of the first soft magnetic layer in the direction in which the pair of the second soft magnetic layers is arranged.
10. The magnetic sensor according to claim 1, wherein the region where the magnetic field detecting element is positioned is only between adjacent ends of the pair of the second soft magnetic layers, as viewed in the thickness direction.
11. The magnetic sensor according to claim 1, wherein the magnetic field detecting element faces only the central portion of the first soft magnetic layer.
1. A magnetic sensor comprising a plurality of sets, wherein each set comprises a magnetic field detecting element and a pair of soft magnetic layers, and the magnetic field detecting elements of the sets constitute a bridge circuit, wherein
in each set, the magnetic field detecting element is positioned at a location that is different from the soft magnetic layers in a thickness direction of the soft magnetic layers, wherein the thickness direction is a direction in which the pair of the soft magnetic layers has a thinnest thickness,
the magnetic field detecting element has a magnetic field detecting direction that is parallel to a direction in which the soft magnetic layers are arranged,
as viewed in the thickness direction, the soft magnetic layers are positioned on both sides of a center of the magnetic field detecting element, and
at least some of the sets are adjacent to each other in the magnetic field detecting direction, and one of the soft magnetic layers of one of adjacent sets is integral with one of the soft magnetic layers of the remaining adjacent set.
2. The magnetic sensor according to claim 1, further comprising a metal layer, wherein the magnetic field detecting element is positioned between the metal layer and the soft magnetic layers in the thickness direction, and as viewed in the thickness direction, entirety of the magnetic field detecting element overlaps the metal layer.
6. The magnetic sensor according to claim 2, wherein the pair of the soft magnetic layers overlaps the metal layer, as viewed in the thickness direction.
7. The magnetic sensor according to claim 2, wherein the pair of the soft magnetic layers is spaced from the metal layer, as viewed in the thickness direction.
8. The magnetic sensor according to claim 2, wherein an edge of each soft magnetic layer of the pair of soft magnetic layers that faces the metal layer is chamfered.
9. The magnetic sensor according to claim 2, wherein the plurality of sets is four sets, wherein two of the four sets are adjacent to each other in the magnetic field detecting direction so as to form a first row, and remaining two of the four sets are adjacent to each other in the magnetic field detecting direction so as to form a second row, the first row and the second row are adjacent to each other in a direction that is perpendicular to the magnetic field detecting direction, and the center of the magnetic field detecting element and centers of the soft magnetic layers of each set are closer to a boundary between the first row and the second row than a center of the metal layer, as viewed in the thickness direction.
10. The magnetic sensor according to claim 1, wherein the plurality of sets is four sets, wherein two of the four sets are adjacent to each other in the magnetic field detecting direction so as to form a first row, and remaining two of the four sets are adjacent to each other in the magnetic field detecting direction so as to form a second row, the first row and the second row are adjacent to each other in a direction that is perpendicular to the magnetic field detecting direction.
11. The magnetic sensor according to claim 1, wherein the magnetic field detecting element has a TMR element.
12. The magnetic sensor according to claim 2, wherein the magnetic field detecting element is positioned inside of a periphery of the metal layer.
13. The magnetic sensor according to claim 2, wherein a region where the magnetic field detecting element is positioned corresponds to a central portion of the metal layer in the direction in which the pair of the soft magnetic layers is arranged.
14. The magnetic sensor according to claim 1, wherein the region where the magnetic field detecting element is positioned is only between adjacent ends of the pair of the soft magnetic layers, as viewed in the thickness direction.
Claims 1-2 and 6-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-11 of U.S. Patent No. 11,762,044 (Patent ‘044). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 3-11 of Patent ‘044 anticipate claims 1-2 and 6-14 of the current application.
Conclusion
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MINH Q. PHAN
Primary Examiner
Art Unit 2852
/MINH Q PHAN/Primary Examiner, Art Unit 2852