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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/20/2024 and 12/09/2024 has been considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “100” has been used to designate both “gas sensor” in Fig.1 and “sensor element” in Fig.2. Note that the sensor element in Fig.2 should be 101 instead of 100.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objection
Claim 1 is objected to because of the following informalities:
Claim 1: please amend “an inner electrode disposed inside the element body; and” to -- an inner electrode disposed inside the element body; [[and]]--; “continuous with the inner conducting section,” to -- continuous with the inner conducting section[[,]]; and--; “wherein letting a porosity be Rp [%] and a thickness be Dc [mm], a covering portion of the outer conducting section that covers the inner conducting section satisfies Rp/Dc≤145%/mm” to -- , wherein Rp [%] is a porosity of the covering portion and Dc [mm] is a thickness of the covering portion--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth the subject matter which the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the applicant regards as the invention.
Regarding claims 9-10, claims 9-10 recite “the layered body has a first face and a second face that are opposite end faces in the layered direction and are each the peripheral face” and “the peripheral face being the first face or the second face”. It is unclear if the peripheral face is the first face and/or the second face since the first limitation defines that each of the first and second faces is the peripheral face, while the second limitation defines the peripheral face being one of the first and second faces, and there is an inconsistency in the two limitations. Thus, the scopes of claims 9-10 are indefinite.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1-2 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Fujii et al. (US20190145925A1), and in view of Mori (US20110100815A1), and Kuroki et al. (JP2007292510A, English translation).
Regarding claim 1, Fujii teaches a sensor element configured to detect a concentration of a specific gas in a measurement-object gas (a sensor element 101 of a gas sensor 100 configure to detect the concentration of a specific gas of NOx in a measurement-object gas [para. 0027]), the sensor element comprising:
an element body (element body as shown in Fig.1) including an oxygen-ion-conductive solid electrolyte layer (each of the layers 1-6 in Fig.1 is composed of an oxygen-ion-conductive solid electrolyte layer [para. 0028]) and having a columnar shape elongate in a longitudinal direction (see Fig.1; The sensor element 101 has a long rectangular parallelepiped shape, the longitudinal direction of the sensor element 101 is set to be the forward and backward directions, and the thickness direction of the sensor element 101 is set to be the vertical direction [para. 0027]), the element body having a front end and a rear end that are opposite ends in the longitudinal direction (see Fig.1) and further having a peripheral face (top and bottom surfaces of the sensor element in the thickness direction and two lateral surfaces in the width direction of the sensor element; the sensor element 101 has a long rectangular parallelepiped shape, the longitudinal direction of the sensor element 101 is set to be the forward and backward directions, and the thickness direction of the sensor element 101 is set to be the vertical direction. In addition, the width direction of the sensor element 101 [direction perpendicular to the forward and backward directions and the vertical direction] is set to be the lateral direction [para. 0027]) that is a surface extending in the longitudinal direction (see Fig.1), a part of the element body that is at the front end being allowed to be exposed to the measurement-object gas (gas inlet 10 located at the front end as shown in Fig.1 for introducing the measurement-object gas into the sensor element [para. 0029-0030]);
an inner electrode (measurement electrode 44 as shown in Fig.1 [para. 0051]) disposed inside the element body (see Fig.1);
a conducting section (measurement electrode lead 90 as shown in Figs.2 and 4 [para. 0064]) including an inner conducting section (first portion 91 and second portion 92a/92b in Fig.2 [para. 0067]) and an outer conducting section (92c in Fig.2 [para. 0067]), the inner conducting section being disposed inside the element body and being electrically continuous with the inner electrode (see Fig.2; the inner conducting section connects the measurement electrode 44 as shown in Fig.2), the outer conducting section being electrically continuous with the inner conducting section (92c being electrically continuous with 92b/92a as shown in Fig.2).
Fujii is silent to: the outer conducting section including a connector electrode disposed at a part of the peripheral face that is near the rear end, the outer conducting section further including a segment disposed on the peripheral face and/or a segment disposed on the peripheral face and exposed to an outside of the sensor element, and a covering portion of the outer conducting section that covers the inner conducting section satisfies Rp/Dc≤145%/mm, wherein Rp [%] is a porosity of the covering portion and Dc [mm] is a thickness of the covering portion.
Mori teaches a sensor element of a gas sensor including a plate-shaped solid electrolyte body; a pair of electrodes sandwiching the electrolyte body; a lead portion extending along the surface of the solid electrolyte body is connected to the measurement electrode (abstract and Fig.3), and the lead portion is electrically connected to an electrode pad provided on the surface of the sensor element via a through hole conductor [para. 0020, 0043; electrode pads 231 to 235 in Fig.3].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sensor element to provide an electrode pad disposed on the outer surface of the sensor element (corresponding to the left peripheral face as shown in Fig.2 of Fujii) via a through-hole conductor (corresponding to the 92c in Fig.2 of Fujii), as taught by Mori, since it would allow to electrically connect the connection terminal(s) of the gas sensor [para. 0043 in Mori].
The combined electrode pad and the lead portion 92c is deemed as the outer conducting section including a connector electrode (electrode pad) disposed at a part of the peripheral face that is near the rear end (disposed at the left face of the sensor element that is near the rear end as shown in Fig.2 in Fujii), the outer conducting section further including a segment disposed on the peripheral face (the electrode pad is disposed on the peripheral face to contact the through-hole conductor 92c).
Kuroki teaches sensor electrode pad 355 of a sensor element of a gas sensor (see Figs. 1 and 4). The electrode pad 355 is composed of two layers 355A and 355B, and the 355A layer is made of a material containing 8 wt% alumina in Pt-18.4 wt% W, which is a noble metal-based metal, and has a dense structure providing oxidation resistance and gas impermeability. The via conductor covering portion 355A hermetically covers the via conductor 355 on the outer surface 231R of the third alumina layer 231, and is in contact with the via conductor 355, thereby providing electrical conductivity. The via conductor coating portion 355A in Kuroki is deemed as the covering portion. Since it is a dense structure and has impermeable, Examiner has the position that it is not a porous structure thus its porosity is zero.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrode pad in modified Fujii to include a dense covering portion which is gas impermeable to cover the via conductor (corresponding to 92c in Fujii), as taught by Kuroki, since Kuroki teaches the gas impermeable covering portion of the electrode pad to cover the via conductor and provide electrical conductivity [para. 0087].
With the above modification, since the covering portion is gas impermeable, its porosity is zero, thus meets the claimed range of Rp/Dc≤145%/mm, wherein Rp [%] is a porosity of the covering portion and Dc [mm] is a thickness of the covering portion.
Regarding claim 2, modified Fujii teaches the sensor element according to claim 1, wherein the covering portion satisfies Rp/Dc≤120%/mm (as outlined in the rejection of claim 1 above, the disclosed Rp/DC is zero since the porosity of the covering portion is zero).
Regarding claim 7, modified Fujii teaches the sensor element according to claim 1, and Fujii teaches wherein the inner electrode is a measurement electrode to be used in detecting the concentration of the specific gas (measurement electrode 44 functions as a NOx reduction catalyst for reducing NOx present in the atmosphere in the second internal space 40. In the measurement pump cell 41, oxygen generated by decomposition of nitrogen oxides in the atmosphere around the measurement electrode 44 is pumped out and the amount of the oxygen generated can be detected as a pump current Ip2. The amount of oxygen generated around the measurement electrode 44 is proportional to the concentration of the nitrogen oxides in the measurement-object gas and, therefore, the nitrogen oxide concentration in the measurement-object gas is calculated by using the pump current Ip2 of the measurement pump cell 41 [para. 0052, 0055]).
Regarding claim 8, modified Fujii teaches the sensor element according to claim 1, and Fujii further teaches:
wherein the element body is a layered body obtained by stacking a plurality of layers including the solid electrolyte layer in a layered direction that is orthogonal to the longitudinal direction (Fig.1 shows the element body is a layered body obtained by stacking a plurality of layers 1-6 including the solid electrolyte layer [each of the layers 1-6 is composed of an oxygen-ion-conductive solid electrolyte layer] in a layered direction that is orthogonal to the longitudinal direction [para. 0028]),
the layered body has a first face and a second face that are opposite end faces in the layered direction (lower face and upper face of the sensor element in the thickness direction as shown in Fig.1); and
a third face and a fourth face that are opposite end faces in a direction orthogonal to the longitudinal direction and to the layered direction (the left and right faces in the width direction that is orthogonal to the longitudinal direction and to the layered direction; The sensor element 101 has a long rectangular parallelepiped shape, the longitudinal direction of the sensor element 101 [lateral direction in FIG. 1] is set to be the forward and backward directions, and the thickness direction of the sensor element 101 [vertical direction in FIG. 1] is set to be the vertical direction. In addition, the width direction of the sensor element 101 [direction perpendicular to the forward and backward directions and the vertical direction] is set to be the lateral direction [para. 0027]), the first to fourth faces each being the peripheral face (the bottom face in the vertical direction and the right face in the width direction each being the peripheral face of the senor element),
the inner conducting section includes an inner lead (the second portion 92 of the electrode lead 90 in Fig.2 [para. 0067]) that is routed to the third face or the fourth face (Fig.2 shows the outer surface of 92c is routed to the left face [the third face] in the width direction), and
the covering portion is a peripheral-face lead disposed on the third face or the fourth face and covering the inner lead (as outlined in the rejection of claim 1 above, the covering portion is disposed on the outer surface of the sensor element to cover the via conductor 92c in Fujii, thus the covering portion is a peripheral-face lead disposed on the left face [see Fig.2 in Fujii] covering the inner lead 92c).
Claims 6 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Fujii , Mori and Kuroki, as applied to claim 1 above, and further in view of Sakurai et al. (US20100101950A1).
Regarding claim 6, modified Fujii teaches the sensor element according to claim 1, and is silent to wherein the thickness Dc is 0.001 mm or greater and 0.080 mm or less.
Sakurai teaches an electrode pad 121 of a sensor element (oxygen detecting element 20) of a gas sensor 10 [para. 0046; Figs.1, 3, and 7], wherein the electrode pad 121 comprising a covering portion 112a covering the via conductor 144 [para. 0064; Fig.7], and the thickness of the covering portion 112a is 30 μm [para. 0084].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thickness of the covering portion in modified Fujii to a thickness of 30 μm, as taught by Sakurai, since Sakurai teaches the covering portion with a thickness of 30 μm would provide good adhesion between the covering portion and the second layer of the electrode pad [para. 0084].
Regarding claim 9, modified Fujii teaches the sensor element according to claim 1, and Fujii further teaches:
wherein the element body is a layered body obtained by stacking a plurality of layers including the solid electrolyte layer in a layered direction that is orthogonal to the longitudinal direction (Fig.1 shows the element body is a layered body obtained by stacking a plurality of layers 1-6 including the solid electrolyte layer [each of the layers 1-6 is composed of an oxygen-ion-conductive solid electrolyte layer] in a layered direction that is orthogonal to the longitudinal direction [para. 0028]),
the layered body has a first face and a second face that are opposite end faces in the layered direction (lower face and upper face of the sensor element in the thickness direction as shown in Fig.1) and are each the peripheral face (the lower face and the upper face of the sensor element in the thickness direction are each the peripheral face) ,
the element body has a through-hole with an opening provided in a part of the peripheral face that is near the rear end (Fig.2 shows a through-hole with an opening which is filled with the lead portion 92c provided in a part of the peripheral face [ the left face of the peripheral face] that is near the rear end),
the inner conducting section includes a through-hole conductor (lead conductor 92 in Fig.2) disposed in the through-hole (see Fig.2), and
the covering portion is the connector electrode and covers the through-hole conductor (as outlined in the rejection of claim 1 above, the covering portion is the first layer of the electrode pad 355 in Kuroki covering the via conductor 92c of Fujii).
Fujii further teaches wherein the through-hole conductor of 92c is located on the left face of the peripheral face in the width direction (see Fig.2), thus does not teach: the through-hole extending through one or more of the plurality of layers in the layered direction; and the peripheral face being the first face or the second face (since the opening is provided in a part of the left face in the width direction).
Sakurai teaches an electrode pad 121 of a sensor element (oxygen detecting element 20) of a gas sensor 10 [para. 0046; Figs.1, 3, and 7], wherein the electrode pad 121 comprising a covering portion 112a covering the via conductor 144 [para. 0064; Fig.7], and Fig.7 shows the through-hole filled by the via conductor 144 extending through one or more of the plurality of layers in the layered direction (see lamination direction ND in Fig.7). Thus, Sakurai teaches the electrode lead(s) extending through the sensor element in the layered direction (lamination direction) instead of in the width direction, and the covering portion of the electrode pad is disposed on the peripheral face (upper face) in the layered direction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conduction section (electrode lead and electrode pad) in modified Fujii to have the through-hole conductor disposed in a through-hole extending through one or more of the plurality of layers in the layered direction, as taught by Sakurai, since Sakurai teaches a suitable alternative configuration of having the electrode lead extending through the sensor element in the layered direction (see Fig.7). Since Fig.7 in Sakurai shows the electrode pad is disposed on upper face of the sensor element, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the through-hole/opening extending through the upper layer and have the electrode pad disposed on the upper face of the peripheral face. Furthermore, having the electrode lead extending out in the width direction or in the thickness direction are known equivalents and is a design choice that gives predictable results of providing electrode pad electrically connects the electrode lead.
With the above modification, modified Fujii teaches the element body has a through-hole with an opening provided in a part of the peripheral face that is near the rear end, the peripheral face being the second face (upper face), the through-hole extending through one or more of the plurality of layers in the layered direction.
Regarding claim 10, modified Fujii teaches the sensor element according to claim 1, and Fujii further teaches:
wherein the element body is a layered body obtained by stacking a plurality of layers including the solid electrolyte layer in a layered direction that is orthogonal to the longitudinal direction (Fig.1 shows the element body is a layered body obtained by stacking a plurality of layers 1-6 including the solid electrolyte layer [each of the layers 1-6 is composed of an oxygen-ion-conductive solid electrolyte layer] in a layered direction that is orthogonal to the longitudinal direction [para. 0028]),
the layered body has a first face and a second face that are opposite end faces in the layered direction (lower face and upper face of the sensor element in the thickness direction as shown in Fig.1) and are each the peripheral face (the lower face and the upper face of the sensor element in the thickness direction are each the peripheral face) ,
the element body has a through-hole with an opening provided in a part of the peripheral face that is near the rear end (Fig.2 shows a through-hole with an opening which is filled with the lead portion 92c provided in a part of the peripheral face [ the left face of the peripheral face] that is near the rear end), and
the covering portion includes a part of a through-hole conductor that is exposed to the outside at the opening, the through-hole conductor is disposed in the through-hole, includes the part exposed to the outside and is connected to the connector electrode (as outlined in the rejection of claim 1 above, the covering portion includes the first layer of the electrode pad 355 in Kuroki covering the via conductor 92c of Fujii; thus the covering portion includes a part of a through-hole conductor [outer surface of the via conductor 92c in contact the covering portion] that is exposed to the outside at the opening [Fig.2 in Fujii shows 92c is exposed to the outside at the opening which is filled by the via conductor 92c], the through-hole conductor is disposed in the through-hole [via conductor 92c is disposed in the through-hole], includes the part exposed to the outside and is connected to the connector electrode [the covering portion is a part of electrode pad]).
Fujii further teaches wherein the through-hole conductor of 92c is located on the left face of the peripheral face in the width direction (see Fig.2), thus does not teach: the through-hole extending through one or more of the plurality of layers in the layered direction; and the peripheral face being the first face or the second face.
Sakurai teaches an electrode pad 121 of a sensor element (oxygen detecting element 20) of a gas sensor 10 [para. 0046; Figs.1, 3, and 7], wherein the electrode pad 121 comprising a covering portion 112a covering the via conductor 144 [para. 0064; Fig.7], and Fig.7 shows the through-hole filled by the via conductor 144 extending through one or more of the plurality of layers in the layered direction (see lamination direction ND in Fig.7). Thus, Sakurai teaches the electrode lead(s) extending through the sensor element in the layered direction (lamination direction) instead of in the width direction, and the covering portion of the electrode pad is disposed on the peripheral face (upper face) in the layered direction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conduction section (electrode lead and electrode pad) in modified Fujii to have the through-hole conductor disposed in a through-hole extending through one or more of the plurality of layers in the layered direction, as taught by Sakurai, since Sakurai teaches a suitable alternative configuration of having the electrode lead extending through the sensor element in the layered direction (see Fig.7). Since Fig.7 in Sakurai shows the electrode pad is disposed on upper face of the sensor element, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the through-hole/opening extending through the upper layer and have the electrode pad disposed on the upper face of the peripheral face. Furthermore, having the electrode lead extending out in the width direction or in the thickness direction are known equivalents and is a design choice that gives predictable results of providing electrode pad electrically connects the electrode lead.
With the above modification, modified Fujii teaches the element body has a through-hole with an opening provided in a part of the peripheral face that is near the rear end, the peripheral face being the second face (upper face), the through-hole extending through one or more of the plurality of layers in the layered direction.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Fujii , Mori and Kuroki, as applied to claim 1 above, and further in view of Watanabe et al. (US20210302354A1).
Regarding claim 11, modified Fujii teaches the sensor element according to claim 1 that is a sensor element to be included in a gas sensor (a gas sensor 100 [para. 0027 in Fujii]), the gas sensor including:
the sensor element (modified Fujii teaches the sensor element as outlined in the rejection of claim 1 above).
Fujii is silent to wherein the gas sensor further comprises: a case having a cylindrical shape elongate in the longitudinal direction of the sensor element, the case having a second front end and a second rear end that are opposite ends in the longitudinal direction, the sensor element being disposed inside the case; and a sealing member sealing the second rear end of the case.
Watanabe teaches a gas sensor 100 for detecting the NOx concentration in the gas to be detected [para. 0031-0032; Fig.1] comprising a sensor element 101, a case (outer cylinder 148 in Fig.1 [para. 0034]) having a cylindrical shape (cylinder 148 [para. 0034]) elongate in the longitudinal direction of the sensor element (see Fig.1), the case having a second front end and a second rear end that are opposite ends in the longitudinal direction (see “Rear” and “Front” in the longitudinal direction as shown in Fig.1), the sensor element being disposed inside the case (Fig.1 shows the sensor element 101 is disposed inside the cylinder 148); and a sealing member (rubber plug 157 in Fig.1 [para. 0037]) sealing the second rear end of the case (A gap between the outer cylinder 148 and the lead wires 155 is sealed by a rubber plug 157 [para. 0037]). The same as the sensor element in modified Fujii, the sensor element 101 in Watanabe also has a layered body obtained by stacking a plurality of layers including the solid electrolyte layer in a layered direction that is orthogonal to the longitudinal direction (see Fig.2 and [para. 0038]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the gas sensor of modified Fujii to provide
a case having a cylindrical shape elongate in the longitudinal direction of the sensor element, the case having a second front end and a second rear end that are opposite ends in the longitudinal direction, the sensor element being disposed inside the case; and a sealing member sealing the second rear end of the case, as taught by Watanabe, since it would fix the sensor element for measuring the concentration of a specific gas, such as NOx and O2, contained in exhaust gas as a measurement-object gas [para. 0032, 0035 in Watanabe].
Regarding claim 12, modified Fujii teaches a gas sensor ( a gas sensor 100 [para. 0027 in Fujii] comprising:
the sensor element according to claim 1 (modified Fujii teaches the sensor element as outlined in the rejection of claim 1 above).
Fujii is silent to: a case having a cylindrical shape elongate in the longitudinal direction of the sensor element, the case having a second front end and a second rear end that are opposite ends in the longitudinal direction, the sensor element being disposed inside the case; and a sealing member sealing the second rear end of the case.
Watanabe teaches a gas sensor 100 for detecting the NOx concentration in the gas to be detected [para. 0031-0032; Fig.1] comprising a sensor element 101, a case (outer cylinder 148 in Fig.1 [para. 0034]) having a cylindrical shape (cylinder 148 [para. 0034]) elongate in the longitudinal direction of the sensor element (see Fig.1), the case having a second front end and a second rear end that are opposite ends in the longitudinal direction (see “Rear” and “Front” in the longitudinal direction as shown in Fig.1), the sensor element being disposed inside the case (Fig.1 shows the sensor element 101 is disposed inside the cylinder 148); and a sealing member (rubber plug 157 in Fig.1 [para. 0037]) sealing the second rear end of the case (A gap between the outer cylinder 148 and the lead wires 155 is sealed by a rubber plug 157 [para. 0037]). The same as the sensor element in modified Fujii, the sensor element 101 in Watanabe also has a layered body obtained by stacking a plurality of layers including the solid electrolyte layer in a layered direction that is orthogonal to the longitudinal direction (see Fig.2 and [para. 0038]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the gas sensor of modified Fujii to provide
a case having a cylindrical shape elongate in the longitudinal direction of the sensor element, the case having a second front end and a second rear end that are opposite ends in the longitudinal direction, the sensor element being disposed inside the case; and a sealing member sealing the second rear end of the case, as taught by Watanabe, since it would fix the sensor element for measuring the concentration of a specific gas, such as NOx and O2, contained in exhaust gas as a measurement-object gas [para. 0032, 0035 in Watanabe].
Double Patenting Objection
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
Applicant is advised that should claim 12 be found allowable, claim 11 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Allowable Subject Matter
Claims 3-5 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.
The prior art of the record does not teach the porosity and thickness of the covering portion such that the covering portion satisfies Rp/Dc≥1.5%/mm (of claim 3); Rp/Dc≥4.5%/mm (of claim 4); and wherein the porosity Rp is 0.01% or higher and 9.0% or lower (of claim 5). Note that claim 1 further requires Rp/Dc ≤145 %/mm.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior arts made of record and not relied upon are considered pertinent to applicant's disclosure: Sakurai et al. (US20060283849A1) teaches electrode pads provided on a surface of the ceramic base electrically connected to the lead portions 143 via the through-holes 144, respectively (abstract; [para. 0032]; Fig.2). Kato et al. (EP0798556A2) teaches measurement electrode lead of a gas sensor. Sugiyama et al. (US20070246359A1) teaches electrode pads (electrode terminals 123, 133) formed on one surface of the solid electrolyte body 11 of sensor element of a gas sensor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIZHI QIAN whose telephone number is (571)272-3487. The examiner can normally be reached Monday-Thursday 8:00 am-5:00 pm.
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/SHIZHI QIAN/Examiner, Art Unit 1795
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