DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2 ,4-5 & 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abe et al. (JP 2016-052723).
Abe et al. discloses the following claimed limitations:
* Re clms 1 & 11, an actuator/piezoelectric actuator 111, piezoelectric material/film, upper and lower electrodes/ & a method for manufacturing an actuator/piezoelectric actuator 111/ (Abst., para 0002, fig 3);
* a diaphragm/104/ on a substrate/pressure chamber structure 200/ having a pressure chamber/201/, the diaphragm/104/ having a first surface/104a/ defining a part of a wall of the pressure chamber/201/ (paras 0024, 0027-0029, 0042, fig 3);
* a piezoelectric element/111/ on a second surface of the diaphragm opposite to the first surface/104b/;48 51
* a lead wire/lead out wiring 109b/ led out from the piezoelectric element/111/ to supply electric power to the piezoelectric element; and (para 0044, 0062, fig 2)
* a moisture-proof film/second insulating film 106/ covering: the lead wire/109b/; and a part of the piezoelectric element overlapped with the lead wire (para 111, fig 3) (the second insulating film 106 is formed to cover the wiring portion 109b of the common electrode 109, also 106 covers only a part of the4 piezoelectric actuator see fig 3)
* Re clm 2, wherein: the moisture-proof film/106/ further covers: the lead wire/109b/; the part of the piezoelectric element/111/; a periphery/outer perimeter/ of the lead wire/109b/; and a periphery/outer perimeter/ of a connecting portion/109/ connecting the piezoelectric element/111/ to the lead wire/109b/ (see fig 3)
* Re clm 4, wherein the diaphragm/104/ has a vibration region vibrated by the piezoelectric element/111/, and the moisture-proof film/second insulating film 106/ covers a part of the vibration region in a periphery of the lead wire/109b/ (paras 0002, 0006, 0024, figs 2 & 3)
* Re clm 5, wherein the moisture-proof film/second insulating film 106/includes a nitride of silicon (Si) or an oxide of any of metals of tantalum (Ta), niobium (Nb), titanium (Ti), hafnium (Hf), zirconium (Zr), or tungsten (W) (para 0068)
Allowable Subject Matter
6. Claims 3 & 7-10 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 primary reason for allowance of claims 3 & 7-10 1-5 is the inclusion of the limitations of an actuator that includes the moisture-proof film covers: the first contact; the second contact; the first lead wire; the second lead wire; and the part of the piezoelectric element which is in a periphery of the first contact, the second contact, the first lead wire, and the second lead wire. It is these limitations found in the claims, as it they are claimed in the combination of that has not been found, taught or suggested by the prior art of record, which makes these claims allowable over the prior art.
Conclusion
7, Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTAL FEGGINS whose telephone number is (571)272-2254. The examiner can normally be reached M-F 930-530pm.
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/KRISTAL FEGGINS/Primary Examiner, Art Unit 2853
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