Prosecution Insights
Last updated: October 02, 2026
Application No. 18/990,893

HYDROGEN DETECTION DEVICE AND METHOD FOR MANUFACTURING THE SAME

Non-Final OA §103
Filed
Dec 20, 2024
Priority
Jul 04, 2022 — JP 2022-107765 +1 more
Examiner
RAJAPUTRA, SURESH KS
Art Unit
Tech Center
Assignee
Nuvoton Technology Corporation
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
404 granted / 483 resolved
+23.6% vs TC avg
Moderate +13% lift
Without
With
+13.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
19 currently pending
Career history
502
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
55.0%
+15.0% vs TC avg
§102
26.8%
-13.2% vs TC avg
§112
12.6%
-27.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 483 resolved cases

Office Action

§103
Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Detailed Action 2. This office action is in response to the filing with the office dated 12/20/2024. Information Disclosure Statement 3. The information disclosure statement (IDS) submitted on 12/20/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections – 35 U.S.C. 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 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. 4. Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Tsukada Keiji (JP 2015068802 A) and in view of Homma et al (US 2023/0022428 A1). PNG media_image1.png 265 442 media_image1.png Greyscale Regarding independent claim 1, Tsukada Keiji (JP 2015068802 A) teaches, A hydrogen detection device (a thin film hydrogen gas sensor that detects a hydrogen concentration (figures 6(a) and 6(b) and its description, Page 6 of the attached machine translation) comprising: a bridge circuit including a first resistive element, a second resistive element, a third resistive element, and a fourth resistive element (elements 5, 6-1 to 6-3, as shown in figures 6(a) and 6(b), Page 6 of the attached machine translation), wherein one end of the first resistive element and one end of the second resistive element are connected to each other, one end of the third resistive element and one end of the fourth resistive element are connected to each other (elements 5, 6-1 to 6-3, as shown in figures 6(a) and 6(b), Page 6 of the attached machine translation), an other end of the first resistive element and an other end of the third resistive element are connected to each other (elements 5, 6-1 to 6-3, as shown in figures 6(a) and 6(b), Page 6 of the attached machine translation), an other end of the second resistive element and an other end of the fourth resistive element are connected to each other (elements 5, 6-1 to 6-3, as shown in figures 6(a) and 6(b), Page 6 of the attached machine translation), among the first resistive element, the second resistive element, the third resistive element, and the fourth resistive element, at least the first resistive element and the third resistive element are provided on a single semiconductor chip (elements 5, 6-1 to 6-3, as shown in figures 6(a) and 6(b), Page 6 of the attached machine translation). Tsukada is silent about a first electrode including a principal surface and a second electrode including a principal surface, the principal surface of the first electrode and the principal surface of the second electrode facing each other; a first metal oxide layer disposed in contact with the principal surface of the first electrode and the principal surface of the second electrode; and a first insulating film that covers the first electrode, the second electrode, and the first metal oxide layer, the first insulating film includes a first opening that is not covered by the first insulating film and through which part of an other surface of the second electrode opposite to the principal surface of the second electrode is exposed, the third resistive element is a reference element and includes: a third electrode including a principal surface and a fourth electrode including a principal surface, the principal surface of the third electrode and the principal surface of the fourth electrode facing each other; a second metal oxide layer disposed in contact with the principal surface of the third electrode and the principal surface of the fourth electrode; and a second insulating film that covers the third electrode, the fourth electrode, and the second metal oxide layer, and the second insulating film includes no opening that is not covered by the second insulating film and through which part of an other surface of the fourth electrode opposite to the principal surface of the fourth electrode is exposed. Homma et al (US 2023/0022428 A1) teaches, A hydrogen detection device comprising: the first resistive element is a hydrogen sensor (element 1, figure 1) and includes: a first electrode including a principal surface (electrode 103, figure 1 paragraph [0029]) and a second electrode including a principal surface (electrode 106, figure 1 paragraph [0029]), the principal surface of the first electrode and the principal surface of the second electrode facing each other PNG media_image2.png 338 675 media_image2.png Greyscale (as shown in figure 1); a first metal oxide layer disposed in contact with the principal surface of the first electrode and the principal surface of the second electrode (metal oxide layer 104, figure 1); and a first insulating film that covers the first electrode, the second electrode, and the first metal oxide layer, the first insulating film includes a first opening (insulating film 102, insulating films 107a through 107c, and insulating films 109a and 109b, These insulating films, however, have openings 106a, 111a, 112a, and 113a paragraphs [0029], Figure 1) that is not covered by the first insulating film and through which part of an other surface of the second electrode opposite to the principal surface of the second electrode is exposed (insulating film 102, insulating films 107a through 107c, and insulating films 109a and 109b, These insulating films, however, have openings 106a, 111a, 112a, and 113a paragraphs [0029]. Figure 1), the third resistive element is a reference element and includes: a third electrode including a principal surface and a fourth electrode including a principal surface, the principal surface of the third electrode and the principal surface of the fourth electrode facing each other (duplication of parts, insulating film 102, insulating films 107a through 107c, and insulating films 109a and 109b, These insulating films, however, have openings 106a, 111a, 112a, and 113a paragraphs [0029]. Figure 1); a second metal oxide layer disposed in contact with the principal surface of the third electrode and the principal surface of the fourth electrode (duplication of parts, insulating film 102, insulating films 107a through 107c, and insulating films 109a and 109b, These insulating films, however, have openings 106a, 111a, 112a, and 113a paragraphs [0029]. Figure 1). Regarding the limitation, a second insulating film that covers the third electrode, the fourth electrode, and the second metal oxide layer, and the second insulating film includes no opening that is not covered by the second insulating film and through which part of an other surface of the fourth electrode opposite to the principal surface of the fourth electrode is exposed., Tsukada teaches, (In particular, the four resistors constituting the bridge circuit are each composed of four Pt wires having the same shape and patterned in a meandering manner, and three resistors 6-1 and 6 among the four resistors are provided. 6-2 and 6-3 are covered with an insulating film made of a glass film and sealed, and the resistor 5 serving as the sensitive part of the hydrogen sensor is exposed, and only the resistor 5 serving as the sensitive part is exposed to hydrogen Page 6, of the attached machine translation). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Tsukada Keiji (JP 2015068802 A) by providing hydrogen sensor with the electrode structure with principal surface and metal oxide layer as taught by Homma et al (paragraph [0029]). One of the ordinary skill in the art would have been motivated to make such a modification so that the hydrogen sensor includes a local region which is located inside metal oxide layer 104, is in contact with second electrode 106, and has a degree of oxygen deficiency higher than a degree of oxygen deficiency of metal oxide layer 104, and is a region in which current flows more easily than in metal oxide layer 104, with which the hydrogen detection performance can be improved, and the response speed in the hydrogen detection can be increased, as taught by Homma et al (paragraph [0090]-[0092]). Regarding dependent claim 2, Tsukada Keiji (JP 2015068802 A) and Homma et al (US 2023/0022428 A1) teach the hydrogen detection device according to claim 1. PNG media_image1.png 265 442 media_image1.png Greyscale Tsukada Keiji (JP 2015068802 A), wherein in plan view of the second electrode, a distance between the first resistive element and the third resistive element is less than or equal to 2000 μm (dimensions of the substrate 1-2 are 1 cm square, paragraph 2, page 6 of the attached machine translation. In other words, in the direction connecting the resistor 5 and the resistor 6-1 disposed adjacent to each other, the length occupied by both the resistor 5 and the resistor 6-1 is respectively 5 mm at most (fig. 6). In addition, arranging the resistors constituting the bridge circuit so as to be as close as possible, in line with the reasons indicated Tsukada (page 6) that sensor output is weak, the signal voltage easily fluctuates, and a high SN measurement is required (page 6 of the attached machine translation), it is obvious that the distance between the two is 2 mm (2000 μm) or below. Therefore, it would have been an obvious matter of design choice to choose the distance between the sensing elements, since such a modification would have involved a mere change in the size of a component. A change in size/shape is generally recognized as being within the level of ordinary skill in the art. Please see MPEP 2144.IV.A and B. Regarding dependent claim 3, Tsukada Keiji (JP 2015068802 A) and Homma et al (US 2023/0022428 A1) teach the hydrogen detection device according to claim 1. PNG media_image2.png 338 675 media_image2.png Greyscale Homma et al (US 2023/0022428 A1) further teaches, wherein the first resistive element includes, as the one end and the other end of the first resistive element, a first terminal and a second terminal that are connected, through a via, to the other surface of the second electrode (hydrogen sensor 1 has, as one end and the other end of the hydrogen sensor 1, a first terminal 111 and a second terminal 112 connected via a second via to the other surface, opposite the main surface, of the second electrode 106 (paragraphs [0021], [0022], [0046], and [0058], and fig. l); a feature in which the opening 106a is formed between the first terminal 111 and the second terminal 112 in plan view with respect to the second electrode 106 (paragraph [0023], fig. 1); and a feature in which the hydrogen sensor 1 has, as one end and the other end of the hydrogen sensor 1, a first terminal 111 and a second terminal 112 connected via a second via 108 to the other surface of the second electrode 106, and a third terminal 113 connected via a first via to the other surface, opposite the main surface, PNG media_image3.png 304 672 media_image3.png Greyscale of the first electrode 103 (paragraph [0057] and fig. 1. [0036] First terminal 111 is connected to second electrode 106 through via 108. [0037] Second terminal 112 is connected to second electrode 106 through via 108. First terminal 111 and second terminal 112 are connected, via openings 111a and 112a, respectively, to an external drive circuit that drives hydrogen sensor 1). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Tsukada Keiji (JP 2015068802 A) by providing hydrogen sensor with the electrode structure with principal surface, Via and metal oxide layer as taught by Homma et al (paragraph [0029]). One of the ordinary skill in the art would have been motivated to make such a modification so that the hydrogen sensor electrodes can be connected through via to an external drive circuit, as taught by Homma et al (paragraph [0036] - [0037]). Regarding dependent claim 4, Tsukada Keiji (JP 2015068802 A) and Homma et al (US 2023/0022428 A1) teach the hydrogen detection device according to claim 3. Homma et al (US 2023/0022428 A1) further teaches, wherein in plan view of the second electrode, the first opening is provided between the first terminal and the second terminal (element 106a; figure 1a). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Tsukada Keiji (JP 2015068802 A) by providing hydrogen sensor with the electrode structure with principal surface, Via and metal oxide layer and an opening for exposing the electrode with hydrogen dissociability as taught by Homma et al (paragraph [0038]). One of the ordinary skill in the art would have been motivated to make such a modification so that application of a predetermined voltage between first terminal 111 and second terminal 112 causes passage of current through exposed portion 106e of second electrode 106, to activate the hydrogen dissociation by exposed portion 106e, as taught by Homma et al (paragraph [0038]). Regarding dependent claim 5, Tsukada Keiji (JP 2015068802 A) and Homma et al (US 2023/0022428 A1) teach the hydrogen detection device according to claim 1. Homma et al (US 2023/0022428 A1) further teaches, wherein the first resistive element includes, as the one end and the other end of the first resistive element, a terminal connected, through a via, to the other surface of the second electrode and a third terminal connected, through a via, to an other surface of the first electrode opposite to the principal surface of the first electrode (figure 1a, [0036] First terminal 111 is connected to second electrode 106 through via 108. [0037] Second terminal 112 is connected to second electrode 106 through via 108. First terminal 111 and second terminal 112 are connected, via openings 111a and 112a, respectively, to an external drive circuit that drives hydrogen sensor 1. [0039] In hydrogen sensor 1, the resistance value between first terminal 111 and second terminal 112 changes when gas molecules containing hydrogen atoms come into contact with exposed portion 106e during the passage of a current through exposed portion 106e. By the above-described drive circuit detecting this change in the resistance value, gas molecules containing hydrogen atoms are detected). Regarding dependent claim 6, Tsukada Keiji (JP 2015068802 A) and Homma et al (US 2023/0022428 A1) teach the hydrogen detection device according to claim 1. Homma et al (US 2023/0022428 A1) further teaches, wherein the second insulating film includes a second opening at a position that corresponds to the first opening in the first insulating film, the second opening including an inner side surface and a bottom surface that are covered by a hydrogen impermeable film (element 107a, paragraph [0041]). Regarding dependent claim 7, Tsukada Keiji (JP 2015068802 A) and Homma et al (US 2023/0022428 A1) teach the hydrogen detection device according to claim 1. Tsukada Keiji (JP 2015068802 A) further teaches, wherein the first resistive element, the second resistive element, the third resistive element, and the fourth resistive element are provided on the single semiconductor chip (FET structure on page 2, and Si film on glass substrate on page 5, sensor chip on page 7 of the attached translation, figure 6). Regarding independent claim 8, Tsukada Keiji teaches, A manufacturing method for manufacturing a hydrogen detection device (a thin film hydrogen gas sensor that detects a hydrogen concentration (figures 6(a) and 6(b) and its description, Page 6 of the attached machine translation) that includes a bridge circuit (elements 5, 6-1 to 6-3, as shown in figures PNG media_image4.png 266 441 media_image4.png Greyscale 6(a) and 6(b), Page 6 of the attached machine translation) including: a first resistive element that is a hydrogen sensor (element 5, figures 6(a) and 6(b) ; a second resistive element; a third resistive element that is a reference element; and a fourth resistive element (elements 6-1 to 6-3, as shown in figures 6(a) and 6(b), 6-2 and 6-3 are covered with an insulating film made of a glass film and sealed, and the resistor 5 serving as the sensitive part of the hydrogen sensor is exposed, and only the resistor 5 serving as the sensitive part is exposed to hydrogen (Page 6 of the attached machine translation), the manufacturing method comprising: forming a layered structure for the first resistive element and the third resistive element (page 3, 4 and 5 of the attached translation). Tsukada et al does not teach forming an opening in the layered structure formed, wherein in the forming of a layered structure, a layered structure including: a first electrode including a principal surface and a second electrode including a principal surface, the principal surface of the first electrode and the principal surface of the second electrode facing each other; a metal oxide layer disposed in contact with the principal surface of the first electrode and the principal surface of the second electrode; and an insulating film that covers the first electrode, the second electrode, and the metal oxide layer is formed as the layered structure for the first resistive element and the third resistive element, and in the forming of an opening, at least a first opening that is not covered by the insulating film and through which part of an other surface of the second electrode opposite to the principal surface of the second electrode is exposed is formed in the insulating film of a portion of the layered structure, the portion corresponding to the first resistive element. PNG media_image2.png 338 675 media_image2.png Greyscale Homma et al (US 2023/0022428 A1) teaches forming an opening (106a in figure 1) in the layered structure formed (figure 1), wherein in the forming of a layered structure, a layered structure including: a first electrode including a principal surface (electrode 103, figure 1 paragraph [0029]) and a second electrode including a principal surface (electrode 106, figure 1 paragraph [0029]), the principal surface of the first electrode and the principal surface of the second electrode facing each other (as shown in figure 1); a metal oxide layer disposed in contact with the principal surface of the first electrode and the principal surface of the second electrode (metal oxide layer 104, figure 1); and an insulating film that covers the first electrode, the second electrode (insulating films 107a through 107c, and insulating films 109a and 109b), and the metal oxide layer is formed as the layered structure for the first resistive element and the third resistive element (metal oxide layer 104, figure 1), and in the forming of an opening, at least a first opening that is not covered by the insulating film and through which part of an other surface of the second electrode opposite to the principal surface of the second electrode is exposed is formed in the insulating film of a portion of the layered structure, the portion corresponding to the first resistive element (first electrode 103, second electrode 106, opening 106a, insulating film 102, insulating films 107a through 107c, and insulating films 109a and 109b, These insulating films, however, have openings 106a, 111a, 112a, and 113a as shown in figure 1, [0029]). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Tsukada Keiji (JP 2015068802 A) by providing hydrogen sensor with the electrode structure with principal surface and metal oxide layer as taught by Homma et al (paragraph [0029]). One of the ordinary skill in the art would have been motivated to make such a modification so that the hydrogen sensor includes a local region which is located inside metal oxide layer 104, is in contact with second electrode 106, and has a degree of oxygen deficiency higher than a degree of oxygen deficiency of metal oxide layer 104, and is a region in which current flows more easily than in metal oxide layer 104, with which the hydrogen detection performance can be improved, and the response speed in the hydrogen detection can be increased, as taught by Homma et al (paragraph [0090]-[0092]). Regarding dependent claim 9, Tsukada Keiji (JP 2015068802 A) and Homma et al (US 2023/0022428 A1) teach the manufacturing method according to claim 8. Tsukada and Homma et al combined teach wherein in the forming of an opening, in addition to the first opening, a second opening that is not covered by the insulating film and through which part of the other surface of the second electrode is exposed is formed in the insulating film of an other portion of the layered structure, the other portion corresponding to the third resistive element (figures 6(a) and 6(b) of Tsukada and Homma et al (figure 1, paragraph [0029]-[0044]). PNG media_image1.png 265 442 media_image1.png Greyscale Tsukada further teaches, the manufacturing method further comprising: forming a hydrogen impermeable film that covers an inner side surface and a bottom surface of the second opening formed (In particular, the four resistors constituting the bridge circuit are each composed of four Pt wires having the same shape and patterned in a meandering manner, and three resistors 6-1 and 6 among the four resistors are provided. 6-2 and 6-3 are covered with an insulating film made of a glass film and sealed, and the resistor 5 serving as the sensitive part of the hydrogen sensor is exposed, and only the resistor 5 serving as the sensitive part is exposed to hydrogen (Page 6 of the attached machine translation). Closest Prior art 5. The following relevant prior art of record is not cited in the office action. Muraoka et al (US 2017/0307556 A1) teaches, A gas-detecting apparatus includes a measurement circuit including a gas sensor and a measurement instrument and a decision circuit. Detection cells, included in the gas sensor, each include a first electrode, a second electrode having a surface exposed from an insulation layer, and a metal oxide layer disposed between the first electrode and the second electrode. The resistance values of the detection cells are each allowed to decrease by a contact of gas containing hydrogen atoms with the second electrode. The measurement instrument monitors the resistance values of the detection cells. The decision circuit decides whether the gas is detected or not based on at least one change of the resistance values. Usagawa (US 2013/0186178 A1) teaches, The gas sensor has a substrate, a gate insulating film arranged on the substrate, and a gate electrode arranged on the gate insulating film, wherein the gate electrode comprises a metal oxide mixture film produced by mixing an oxygen-doped amorphous metal that contains oxygen with crystals of an oxide of the metal and a platinum film formed on the metal oxide mixture film, the platinum film is composed of multiple platinum crystal grains and grain boundary regions that are present between the platinum crystal grains, the grain boundary regions are filled with a metal oxide mixture, and each of the platinum crystal grains is surrounded by the metal oxide mixture. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SURESH RAJAPUTRA whose telephone number is (571) 270-0477. The examiner can normally be reached between 8:00 AM - 5:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, EMAN ALKAFAWI can be reached on 571-272-4448. 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. /SURESH K RAJAPUTRA/Examiner, Art Unit 2858 /EMAN A ALKAFAWI/Supervisory Patent Examiner, Art Unit 2858 9/3/2026
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Prosecution Timeline

Dec 20, 2024
Application Filed
Sep 08, 2026
Non-Final Rejection mailed — §103 (current)

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