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 .
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.
Email Communication
Applicant is encouraged to authorize the Examiner to communicate with applicant via email by filing form PTO/SB/439 either via USPS, Central Fax, or EFS-Web. See MPEP 502.01, 502.03, 502.05.
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.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Claim 18 recites “wherein a density of the second material is larger than a density of the second material” which is not supported by the specification. The specification teaches “a density of the second cover portion 113 may be made higher than a density of the first cover portion 112”.
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.
Claim(s) 18 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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.
Claim 18 recites “wherein a density of the second material is larger than a density of the second material” which causes the claim to be indefinite. It is unclear how the density of the second material is larger than itself. For the purpose of examination, the examiner is taking “wherein a density of the second material is larger than a density of the second material” to read “wherein a density of the second cover layer is larger than a density of the first over layer”.
Claim Rejections - 35 USC § 102
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, 4, 6, 12, 16, & 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP2016072279A hereafter referred to as Sugita.
In regards to claim 1, Sugita discloses
A multilayer electronic component, comprising:
a capacitance formation portion (11m – fig. 2; [0021]) including a dielectric layer (12 – fig. 2; [0018]) and first and second internal electrodes (13 – fig. 2; [0018]) alternately arranged in a first direction with the dielectric layer interposed therebetween;
a first cover portion (12b2 – fig. 2; [0031]) disposed above the capacitance formation portion in the first direction (fig. 2 – note above and below are relative terms based on how the capacitor is held);
a second cover portion (12b1 – fig. 2; [0031]) disposed below the capacitance formation portion in the first direction (fig. 2 – note above and below are relative terms based on how the capacitor is held);
a body including first and second surfaces opposing each other in the first direction, third and fourth surfaces connected to the first and second surfaces and opposing each other in a second direction, and fifth and sixth surfaces connected to the first to fourth surfaces and opposing each other in a third direction (fig. 1-2); and
first and second external electrodes (14 – fig. 1-2; [0018]) disposed on the body and respectively connected to the first and second internal electrodes,
wherein corners of the body in first and second directional cross-sections of the body have a rounded shape (fig. 2), and when a radius of curvature of a corner disposed in the first cover portion is defined as Ru, and a radius of curvature of a corner disposed in the second cover portion is defined as Rd, Rd < Ru is satisfied (fig. 2; [0029-0030]), and
when an average size of dielectric grains included in the first cover portion is defined as Gs1 and an average size of dielectric grains included in the second cover portion is defined as Gs2, Gs2 < Gs1 is satisfied ([0078] & [0088-0090] – as 12b22 which is part of 12b2, has a larger grain size than the rest of the capacitor, then 12b2 as a whole will have a larger grain size).
In regards to claim 4, Sugita discloses
The multilayer electronic component according to claim 1, wherein when an average thickness of the first cover portion is referred to as tc1 (h2) and an average thickness of the second cover portion is referred to as tc2 (h1), tc2 < tc1 is satisfied (fig. 1; [0031]).
In regards to claim 6, Sugita discloses
The multilayer electronic component according to claim 1, wherein the first external electrode is disposed on the third surface, and includes a first-first band portion extending to a portion of the first surface and a first-second band portion extending to a portion of the second surface (fig. 1-2), and
the second external electrode is disposed on the fourth surface, and includes a second-first band portion extending to a portion of the first surface and a second-second band portion extending to a portion of the second surface (fig. 1-2).
In regards to claim 12, Sugita discloses
The multilayer electronic component according to claim 1, wherein in first and third directional cross-sections of the body, corners of the body have a rounded shape, and when a radius of curvature of the corner disposed in the first cover portion is defined as Ruw, and a radius of curvature of the corner disposed in the second cover portion is defined as Rdw, Ruw > Rdw is satisfied (fig. 3).
In regards to claim 16, Sugita discloses
A multilayer electronic component, comprising:
a capacitance forming portion (11m – fig. 2; [0021]) including a dielectric layer (12 – fig. 2; [0018]) and first and second internal electrodes (13 – fig. 2; [0018]) alternately stacked in a thickness direction with the dielectric layer interposed therebetween;
a first cover portion (12b2 – fig. 2; [0031]) comprising a first dielectric material covering an upper surface of the capacitance forming portion in the thickness direction (fig. 2 – note above and below are relative terms based on how the capacitor is held), having an average thickness tc1 and corners with a radius of curvature Ru (fig. 2); and
a second cover portion (12b1 – fig. 2; [0031]) comprising a second dielectric material covering a lower surface of the capacitance forming portion in the thickness direction (fig. 2 – note above and below are relative terms based on how the capacitor is held), having corners with a radius of curvature Rd and an average thickness tc2 (fig. 2).
In regards to claim 18, Sugita discloses
The multilayer electronic component according to claim 16, wherein a density of the second cover layer is larger than a density of the first over layer ([0078] & [0088-0090] – as 12b22 which is part of 12b2, has a larger grain size than the rest of the capacitor, then 12b2 as a whole will have a larger grain size – the smaller grain size will produce a larger density).
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.
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugita.
In regards to claim 2,
Sugita discloses all the claimed limitations discussed above with respect to claim 2, except for wherein Ru and Rd satisfy 0.70 < Rd/Ru < 1.00. However, Sugita teaches that ratio of the radius of curvature (specifically Rd less than Ru) is a result effective variable, particularly for improving connection to a circuit board by allowing from improved solderability ([0110-0113]). 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 capacitor of Sugita such that 0.70 < Rd/Ru < 1.00 to obtain a capacitor with good solderability to a circuit board by controlling the height of the solder fillet, as taught by Sugita. Where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Allowable Subject Matter
Claim(s) 3, 5-11, 13-15, 17, & 19 is/are 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 prior art does not teach or suggest (in combination with the other claim limitations) wherein Gs1 and Gs2 satisfy 0.70 < Gs2/Gs1 < 1.00 (claim 3), wherein tc1 and tc2 satisfy 0.50 < tc2/tc1 < 1.00 (claim 5), wherein the first external electrode is disposed on the third surface, and includes a first-first band portion extending to a portion of the first surface and a first-second band portion extending to a portion of the second surface, and the second external electrode is disposed on the fourth surface, and includes a second-first band portion extending to a portion of the first surface and a second-second band portion extending to a portion of the second surface (claim 6-9 & 11), wherein when a thickness of the first external electrode measured from the first internal electrode disposed in an uppermost portion in the first direction is defined as Tau, a thickness of the first external electrode measured from the first internal electrode disposed in a lowermost portion in the first direction is defined as Tad, and a thickness of the first external electrode measured from a central portion of the body in the first direction is defined as Tac, Tad < Tau < Tac is satisfied (claim 10), wherein Ru, Rd, Ruw and Rdw satisfy Ruw > Ru > Rdw > Rd (claim 13), wherein when a porosity of the first cover portion is defined as Ps1 and a porosity of the second cover portion is defined as Ps2, Ps2 < Ps1 is satisfied (claim 14-15), wherein 0.70 < Rd/Ru < 1.00, and 0.50 < tc2/tc1 < 1.00 (claim 17), & further comprising a first external electrode contacting first internal electrodes and having a first band portion disposed on an upper surface of the first cover portion in the thickness direction with a thickness Tbu, and a second band portion disposed on a lower surface of the second cover portion in the thickness direction with a thickness Tbd, wherein 0.5 < Tbd/Tbu < 1.0 (claim 19).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP2014187236A – fig. 5 US 2015/0021073 – fig. 3
JP2000114097A – fig. 2 JP2014183214A – fig. 2
JP2011233696A – fig. 2
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID M SINCLAIR whose telephone number is (571)270-5068. The examiner can normally be reached M-TH from 8AM-4PM.
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 J 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.
/David M Sinclair/Primary Examiner, Art Unit 2847
Prosecution Insights