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.
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12,136,524 (‘524). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1, ‘524 discloses an electronic component comprising:
a multilayer body including dielectric layers and internal electrode layers laminated alternately on each other (C: 1, L: 1-4); and
external electrode layers on opposing end surfaces of the multilayer body in a length direction orthogonal or substantially orthogonal to a lamination direction (C: 1, L: 5-8); wherein
each of the external electrode layers is connected with the internal electrode layers (C: 1, L: 9-10);
each of the dielectric layers includes at least one of Ca, Zr, and Ti (C:1, L: 11-12);
each of the internal electrode layers includes a metal (C: 1, L:13);
each of the external electrode layers includes a sintered electrode layer (C: 1, L: 20-21);
when a dimension in the lamination direction of the multilayer body is defined as T0, a dimension in the length direction of the multilayer body is defined as L0, and a
dimension in a width direction orthogonal or substantially orthogonal to the lamination direction and the length direction is defined as W0, a relationship of L0 < W0 is satisfied (C: 1, L: 14-19); and
an amount of dielectric particles included in each of the sintered electrode layers has an area ratio of about 35% or more and about 42% or less in a cross section (C: 1, L: 22-24).
‘524 discloses the claimed invention except for the internal electrodes comprise a Ni and the sintered electrode layer comprises Ni.
It is well known in the ceramic component art to form internal and external electrodes from nickel.
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 internal and external electrodes of ‘524 from Ni, since 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 2, ‘524 discloses when a dimension in a width direction of the internal electrode layers is defined as W1, and a dimension in a length direction of the internal electrode layers is defined as L1, a relationship of L1 < W1 is satisfied (C: 2, L: 1-5).
Regarding claim 3, ‘524 discloses the dielectric particles include at least one of Ca, Zr, and Ti included in a metal including Ni (C: 3, L: 1-3).
Regarding claim 4, ‘524 discloses the dielectric particles include at least one of Ca, Zr, and Ti included in a metal including Cu (C: 4, L: 1-3).
Regarding claim 5, ‘524 discloses each of the external electrode layers includes:
a first external electrode layer on a first end surface of the opposing end surfaces (C: 5, L: 1-5); and
a second external electrode layer on a second end surface of the opposing end surfaces (C: 5, L: 6-8); and
each of the internal electrode layers includes: at least one first internal electrode connected to the first external electrode layer (C: 5, L: 9-11); and
at least one second internal electrode connected to the second external electrode layer (C: 5, L: 12-13); and
a plurality of the first internal electrodes and a plurality of the second internal electrodes are provided alternately in the lamination direction (C: 5, L: 14-16).
Regarding claim 6, ‘524 discloses in the multilayer body: a dimension in the length direction is about 0.2 mm to about 1.2 mm (C: 6, L:1-4);
a dimension in the width direction is about 0.4 mm to about 1.5 mm; and a dimension in the lamination direction is about 0.45 mm to about 2.0 mm (C:6, L: 5-9) .
Regarding claim 7, ‘524 discloses a laminated number of the internal electrode layers is fifteen or more and 700 or less (C: 7, L: 1-3).
Regarding claim 8, ‘524 discloses the electronic component defines a multilayer ceramic capacitor (C: 8, L: 1-3).
Regarding claim 9, ‘524 discloses the dielectric layers include a perovskite compound (C: 9, L: 1-2).
Regarding claim 10, ‘524 discloses a thickness of each of the dielectric layers is about 0.40 µm or more and about 0.50 µm or less (C: 10, L: 1-3).
Regarding claim 11, ‘524 an electronic component comprising: a multilayer body including dielectric layers and internal electrode layers laminated alternately on each other (C: 1, L:1-3); and
external electrode layers on opposing end surfaces of the multilayer body in a length direction orthogonal or substantially orthogonal to a lamination direction (C:1, L:4- 8); wherein
each of the external electrode layers is connected with the internal electrode layers (C: 1, L: 9-10)
each of the dielectric layers includes at least one of Ca, Zr, and Ti (C:1, L:11-12);
each of the external electrode layers includes a sintered electrode layer (C:1, L: 23-24);
when a dimension in the lamination direction of the multilayer body is defined as T0, a dimension in the length direction of the multilayer body is defined as L0, and a
dimension in a width direction orthogonal or substantially orthogonal to the lamination direction and the length direction is defined as W0, a relationship of L0 < W0 is satisfied (C: 1, L:14-19); and
an amount of dielectric particles included in each of the sintered electrode layers has an area ratio of about 35% or more and about 42% or less in a cross section (C: 1, L: 22-24).
‘524 discloses the claimed invention except for the internal electrodes comprise a Ni and the sintered electrode layer comprises Ni.
It is well known in the ceramic component art to form internal and external electrodes from nickel.
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 internal and external electrodes of ‘524 from Ni, since 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 12, ‘524 discloses when a dimension in a width direction of the internal electrode layers is defined as W1, and a dimension in a length direction of the internal electrode layers is defined as L1, a relationship of L1 < W1 is satisfied (C: 2, L: 1-5).
Regarding claim 13, ‘524 discloses the dielectric particles include at least one of Ca, Zr, and Ti included in a metal including Ni (C: 3, L: 1-3).
Regarding claim 14, ‘524 discloses the dielectric particles include at least one of Ca, Zr, and Ti included in a metal including Cu (C: 4, L: 1-3).
Regarding claim 15, ‘524 discloses each of the external electrode layers includes:
a first external electrode layer on a first end surface of the opposing end surfaces (C: 5, L: 1-5); and
a second external electrode layer on a second end surface of the opposing end surfaces (C: 5, L: 6-8); and
each of the internal electrode layers includes: at least one first internal electrode connected to the first external electrode layer (C: 5, L: 9-11); and
at least one second internal electrode connected to the second external electrode layer (C: 5, L: 12-13); and
a plurality of the first internal electrodes and a plurality of the second internal electrodes are provided alternately in the lamination direction (C: 5, L: 14-16).
Regarding claim 16, ‘524 discloses in the multilayer body: a dimension in the length direction is about 0.2 mm to about 1.2 mm (C: 6, L:1-4);
a dimension in the width direction is about 0.4 mm to about 1.5 mm; and a dimension in the lamination direction is about 0.45 mm to about 2.0 mm (C:6, L: 5-9) .
Regarding claim 17, ‘524 discloses a laminated number of the internal electrode layers is fifteen or more and 700 or less (C: 7, L: 1-3).
Regarding claim 18, ‘524 discloses the electronic component defines a multilayer ceramic capacitor (C: 8, L: 1-3).
Regarding claim 19, ‘524 discloses the dielectric layers include a perovskite compound (C: 9, L: 1-2).
Regarding claim 20, ‘524 discloses a thickness of each of the dielectric layers is about 0.40 µm or more and about 0.50 µm or less (C: 10, L: 1-3).
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10, and 12 of U.S. Patent No. 11,705,282 (‘282). Although the claims at issue are not identical, they are not patentably distinct from each other because:.
Regarding claim 1, ‘282 discloses an electronic component comprising:
a multilayer body including dielectric layers and internal electrode layers laminated alternately on each other (C: 1, L: 1-4); and
external electrode layers on opposing end surfaces of the multilayer body in a length direction orthogonal or substantially orthogonal to a lamination direction (C: 1, L: 5-8); wherein
each of the external electrode layers is connected with the internal electrode layers (C: 1, L: 9-10);
each of the dielectric layers includes at least one of Ca, Zr, and Ti (C:1, L: 11-12);
each of the internal electrode layers includes a metal (C: 1, L:13);
each of the external electrode layers includes an electrode layer (C: 1, L: 20-21);
when a dimension in the lamination direction of the multilayer body is defined as T0, a dimension in the length direction of the multilayer body is defined as L0, and a
dimension in a width direction orthogonal or substantially orthogonal to the lamination direction and the length direction is defined as W0, a relationship of L0 < W0 is satisfied (C: 1, L: 14-19); and
an amount of dielectric particles included in each of the sintered electrode layers has an area ratio of about 35% or more and about 42% or less in a cross section (C: 12, L: 1-2).
‘282 discloses the claimed invention except for the internal electrodes comprise a Ni and the external electrode is a sintered electrode layer that comprises Ni.
It is well known in the ceramic component art to form internal and external electrodes from nickel.
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 internal and external electrodes of ‘282 from Ni, since 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 2, ‘282 discloses when a dimension in a width direction of the internal electrode layers is defined as W1, and a dimension in a length direction of the internal electrode layers is defined as L1, a relationship of L1 < W1 is satisfied (C: 2, L: 1-5).
Regarding claim 3, ‘282 discloses the dielectric particles include at least one of Ca, Zr, and Ti included in a metal including Ni (C: 3, L: 1-4).
Regarding claim 4, ‘282 discloses the dielectric particles include at least one of Ca, Zr, and Ti included in a metal including Cu (C: 4, L: 1-4).
Regarding claim 5, ‘282 discloses each of the external electrode layers includes:
a first external electrode layer on a first end surface of the opposing end surfaces (C: 5, L: 1-5); and
a second external electrode layer on a second end surface of the opposing end surfaces (C: 5, L: 6-8); and
each of the internal electrode layers includes: at least one first internal electrode connected to the first external electrode layer (C: 5, L: 9-11); and
at least one second internal electrode connected to the second external electrode layer (C: 5, L: 12-13); and
a plurality of the first internal electrodes and a plurality of the second internal electrodes are provided alternately in the lamination direction (C: 5, L: 14-16).
Regarding claim 6, ‘282 discloses in the multilayer body: a dimension in the length direction is about 0.2 mm to about 1.2 mm (C: 6, L:1-4);
a dimension in the width direction is about 0.4 mm to about 1.5 mm; and a dimension in the lamination direction is about 0.45 mm to about 2.0 mm (C:6, L: 5-9) .
Regarding claim 7, ‘282 discloses a laminated number of the internal electrode layers is fifteen or more and 700 or less (C: 7, L: 1-3).
Regarding claim 8, ‘282 discloses the electronic component defines a multilayer ceramic capacitor (C: 8, L: 1-3).
Regarding claim 9, ‘282 discloses the dielectric layers include a perovskite compound (C: 9, L: 1-2).
Regarding claim 10, ‘282 discloses a thickness of each of the dielectric layers is about 0.40 µm or more and about 0.50 µm or less (C: 10, L: 1-3).
Regarding claim 11, ‘282 an electronic component comprising: a multilayer body including dielectric layers and internal electrode layers laminated alternately on each other (C: 1, L:1-3); and
external electrode layers on opposing end surfaces of the multilayer body in a length direction orthogonal or substantially orthogonal to a lamination direction (C:1, L:4- 8); wherein
each of the external electrode layers is connected with the internal electrode layers (C: 1, L: 9-10)
each of the dielectric layers includes at least one of Ca, Zr, and Ti (C:1, L:11-12);
each of the external electrode layers includes a sintered electrode layer (C:1, L: 23-24);
when a dimension in the lamination direction of the multilayer body is defined as T0, a dimension in the length direction of the multilayer body is defined as L0, and a
dimension in a width direction orthogonal or substantially orthogonal to the lamination direction and the length direction is defined as W0, a relationship of L0 < W0 is satisfied (C: 1, L:14-19); and
an amount of dielectric particles included in each of the sintered electrode layers has an area ratio of about 35% or more and about 42% or less in a cross section (C: 12, L: 1-5).
‘282 discloses the claimed invention except for the internal electrodes comprise a Ni and the sintered electrode layer comprises Ni.
It is well known in the ceramic component art to form internal and external electrodes from nickel.
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 internal and external electrodes of ‘282 from Ni, since 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 12, ‘282 discloses when a dimension in a width direction of the internal electrode layers is defined as W1, and a dimension in a length direction of the internal electrode layers is defined as L1, a relationship of L1 < W1 is satisfied (C: 2, L: 1-5).
Regarding claim 13, ‘282 discloses the dielectric particles include at least one of Ca, Zr, and Ti included in a metal including Ni (C: 3, L: 1-4).
Regarding claim 14, ‘282 discloses the dielectric particles include at least one of Ca, Zr, and Ti included in a metal including Cu (C: 4, L: 1-4).
Regarding claim 15, ‘282 discloses each of the external electrode layers includes:
a first external electrode layer on a first end surface of the opposing end surfaces (C: 5, L: 1-5); and
a second external electrode layer on a second end surface of the opposing end surfaces (C: 5, L: 6-8); and
each of the internal electrode layers includes: at least one first internal electrode connected to the first external electrode layer (C: 5, L: 9-11); and
at least one second internal electrode connected to the second external electrode layer (C: 5, L: 12-13); and
a plurality of the first internal electrodes and a plurality of the second internal electrodes are provided alternately in the lamination direction (C: 5, L: 14-16).
Regarding claim 16, ‘282 discloses in the multilayer body: a dimension in the length direction is about 0.2 mm to about 1.2 mm (C: 6, L:1-4);
a dimension in the width direction is about 0.4 mm to about 1.5 mm; and a dimension in the lamination direction is about 0.45 mm to about 2.0 mm (C:6, L: 5-9) .
Regarding claim 17, ‘282 discloses a laminated number of the internal electrode layers is fifteen or more and 700 or less (C: 7, L: 1-3).
Regarding claim 18, ‘282 discloses the electronic component defines a multilayer ceramic capacitor (C: 8, L: 1-3).
Regarding claim 19, ‘282 discloses the dielectric layers include a perovskite compound (C: 9, L: 1-2).
Regarding claim 20, ‘282 discloses a thickness of each of the dielectric layers is about 0.40 µm or more and about 0.50 µm or less (C: 10, L: 1-3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2016/0126012 A1 – listed in parent application
US 2019/0066925 A1 – listed in parent application
US 2019/0189352 A1 – listed in parent application
US 2020/0035416 A1 – listed in parent application
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/ERIC W THOMAS/Primary Examiner, Art Unit 2847
ERIC THOMAS
Primary Examiner
Art Unit 2847
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