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 Objections
Claim 1 is objected to because of the following informalities: the last limitation of claim 1 recites “the third dielectric portion,” which lacks antecedent basis. Prior to that, claim 1 only recited “third dielectric layers.” Appropriate correction is required.
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 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 11,450,484. Although the claims at issue are not identical, they are not patentably distinct from each other as follows.
With respect to claim 1, claims 1-16 of the ‘484 patent recite a multilayer body (see claim 1, col. 50, line 2) comprising: a first main surface and a second main surface on opposite sides in the stacking direction, a first side surface and a second side surface on opposite sides in a width direction orthogonal or substantially orthogonal to the stacking direction, and a first end surface and a second end surface on opposite sides in a length direction orthogonal or substantially orthogonal to the stacking direction and the width direction (see claim 1, col. 50, lines 8-16); wherein an external electrode is provided on the multilayer body (see claim 1, col. 50, lines 23-27); the multilayer body includes: an inner layer portion (see claim 1, col. 50, lines 39-40); outer layer portions sandwiching the inner layer portion in the stacking direction (see claim 1, col. 50, lines 42-44); and third dielectric layers sandwiching the inner layer portion and the outer layer portions in the width direction (see claim 1, col. 50, lines 45-48); the inner layer portion includes: a first internal electrode layer extending to the first end surface (see claim 1, col. 50, lines 16-19); a second internal electrode layer extending to the second end surface (see claim 1, col. 50, lines 16-19); a first dielectric portion sandwiched by the first internal electrode and the second internal electrode (see claim 1, col. 50, lines 29-31); and a second dielectric portion sandwiched by the first internal electrode and another first internal electrode without the second internal electrode (see claim 1, col. 50, lines 32-38); the first dielectric portion, the second dielectric portion, and the third dielectric layers include a dielectric ceramic material (see claim 1, col. 50, lines 27-28 and 45-48); and the dielectric ceramic material of at least one of the first dielectric portion, the second dielectric portion, and the third dielectric layers is different from a dielectric ceramic material of others of the first dielectric portion, the second dielectric portion, and the third dielectric portion (see claim 10, noting that each of the first, second, and third dielectric portions have different additives).
With respect to claim 2, claims 1-16 of the ‘484 patent recite that the dielectric ceramic material of the first dielectric portion is different from the dielectric ceramic material of the second dielectric portion. See claim 10, noting that each of the first, second, and third dielectric portions have different additives.
With respect to claim 3, claims 1-16 of the ‘484 patent recite that the dielectric ceramic material of the first dielectric portion is different from the dielectric ceramic material of the third dielectric layers. See claim 10, noting that each of the first, second, and third dielectric portions have different additives.
With respect to claim 4, claims 1-16 of the ‘484 patent recite that the dielectric ceramic material of the second dielectric portion is different from the dielectric ceramic material of the third dielectric layers. See claim 10, noting that each of the first, second, and third dielectric portions have different additives.
With respect to claim 5, claims 1-16 of the ‘484 patent recite a multilayer body (see claim 1, col. 50, line 2) comprising: a first main surface and a second main surface on opposite sides in the stacking direction, a first side surface and a second side surface on opposite sides in a width direction orthogonal or substantially orthogonal to the stacking direction, and a first end surface and a second end surface on opposite sides in a length direction orthogonal or substantially orthogonal to the stacking direction and the width direction(see claim 1, col. 50, lines 8-16); wherein an external electrode is provided on the multilayer body (see claim 1, col. 50, lines 23-27); the multilayer body includes: an inner layer portion (see claim 1, col. 50, lines 39-40); outer layer portions sandwiching the inner layer portion in the stacking direction (see claim 1, col. 50, lines 42-44); and third dielectric layers sandwiching the inner layer portion and the outer layer portions in the width direction (see claim 1, col. 50, lines 45-48); the inner layer portion includes: a first internal electrode layer extending to the first end surface (see claim 1, col. 50, lines 16-19); a second internal electrode layer extending to the second end surface (see claim 1, col. 50, lines 16-19); a first dielectric portion sandwiched by the first internal electrode and the second internal electrode (see claim 1, col. 50, lines 29-31); and a second dielectric portion sandwiched by the first internal electrode and another first internal electrode without the second internal electrode (see claim 1, col. 50, lines 32-38); the first dielectric portion, the second dielectric portion, and the third dielectric layers include a dielectric ceramic material (see claim 1, col. 50, lines 27-28 and 45-48); and at least one additive of at least one of the first dielectric portion, the second dielectric portion, and the third dielectric layers is different from at least one additive of others of the first dielectric portion, the second dielectric portion, and the third dielectric layers (see claim 10, noting that each of the first, second, and third dielectric portions have different additives).
The embodiment of claims 1 and 10 fail to teach that the first dielectric portion, the second dielectric portion, and the third dielectric layers include a common main component.
However, claim 1, col. 50, lines 30-32 and claim 12 recite that the first dielectric portion, the second dielectric portion, and the third dielectric layers include a common main component. Such an arrangement would allow the first, second, and third dielectrics to sinter effectively.
Accordingly, it would have been obvious to one of ordinary skill in the art, at the effective filing date of the invention, to combine the embodiment of claims 1 and 10, with the embodiment of claim 12, in order to allow the first, second, and third dielectrics to sinter effectively.
With respect to claim 6, the combined embodiments of claims 1, 10, and 12 recite that at least one additive of the first dielectric portion is different from at least one additive of the second dielectric portion. See claim 10, noting that each of the first, second, and third dielectric portions have different additives.
With respect to claim 7, the combined embodiments of claims 1, 10, and 12 recite that at least one additive of the first dielectric portion is different from at least one additive of the third dielectric layers. See claim 10, noting that each of the first, second, and third dielectric portions have different additives.
With respect to claim 8, the combined embodiments of claims 1, 10, and 12 recite that at least one additive of the second dielectric portion is different from at least one additive of the third dielectric layers. See claim 10, noting that each of the first, second, and third dielectric portions have different additives.
Claims 9-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 11,869,724. Although the claims at issue are not identical, they are not patentably distinct from each other as follows.
With respect to claim 9, claims 1-3 of the ‘724 patent recite a multilayer body (see claim 1, col. 19, line 58) comprising: a first main surface and a second main surface on opposite sides in the stacking direction, a first side surface and a second side surface on opposite sides in a width direction orthogonal or substantially orthogonal to the stacking direction, and a first end surface and a second end surface on opposite sides in a length direction orthogonal or substantially orthogonal to the stacking direction and the width direction (see claim 1, col. 49, line 64-col. 50, line 5); wherein an external electrode is provided on the multilayer body (see claim 1, col. 50, lines 14-19); the multilayer body includes: an inner layer portion (see claim 1, col. 50, lines 32-35); outer layer portions sandwiching the inner layer portion in the stacking direction (see claim 1, col. 50, lines 35-38); and third dielectric layers sandwiching the inner layer portion and the outer layer portions in the width direction (see claim 1, col. 50, lines 38-41); the inner layer portion includes: a first internal electrode layer extending to the first end surface (see claim 1, col. 50, lines 6-9); a second internal electrode layer extending to the second end surface (see claim 1, col. 50, lines 6-9); a first dielectric portion sandwiched by the first internal electrode and the second internal electrode (see claim 1, col. 50, lines 21-24); and a second dielectric portion sandwiched by the first internal electrode and another first internal electrode without the second internal electrode (see claim 1, col. 50, lines 25-31); the first dielectric portion, the second dielectric portion, and the third dielectric layers include a dielectric ceramic material (see claim 1, col. 50, lines 19-20 and 38-41); and a porosity of at least one of the first dielectric portion, the second dielectric portion, and the third dielectric layers is different from a porosity of others of the first dielectric portion, the second dielectric portion, and the third dielectric layers (see claim 1, col. 50, lines 60-63).
With respect to claim 10, claims 1-3 of the ‘724 patent recite that the porosity of the first dielectric portion is different from the porosity of the second dielectric portion. See claim 1, col. 50, lines 60-63.
With respect to claim 11, claims 1-3 of the ‘724 patent recite that the porosity of the first dielectric portion is different from the porosity of the third dielectric layers. See claim 1, col. 50, lines 60-63.
With respect to claim 12, claims 1-3 of the ‘724 patent recite that the porosity of the second dielectric portion is different from the porosity of the third dielectric layers. See claim 1, col. 50, lines 60-63. Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,508,524. Although the claims at issue are not identical, they are not patentably distinct from each other as follows.
With respect to claim 1, claims 1-20 of the ‘524 patent recite a multilayer body (see claim 1, col. 50, line 7) comprising: a first main surface and a second main surface on opposite sides in the stacking direction, a first side surface and a second side surface on opposite sides in a width direction orthogonal or substantially orthogonal to the stacking direction, and a first end surface and a second end surface on opposite sides in a length direction orthogonal or substantially orthogonal to the stacking direction and the width direction (see claim 1, col. 50, lines 13-21); wherein an external electrode is provided on the multilayer body (see claim 1, col. 50, lines 28-32); the multilayer body includes: an inner layer portion (see claim 1, col. 50, lines 45-48); outer layer portions sandwiching the inner layer portion in the stacking direction (see claim 1, col. 50, lines 48-51); and third dielectric layers sandwiching the inner layer portion and the outer layer portions in the width direction (see claim 1, col. 50, lines 51-54); the inner layer portion includes: a first internal electrode layer extending to the first end surface (see claim 1, col. 50, lines 22-27); a second internal electrode layer extending to the second end surface (see claim 1, col. 50, lines 22-27); a first dielectric portion sandwiched by the first internal electrode and the second internal electrode (see claim 1, col. 50, lines 35-37); and a second dielectric portion sandwiched by the first internal electrode and another first internal electrode without the second internal electrode (see claim 1, col. 50, lines 38-44); the first dielectric portion, the second dielectric portion, and the third dielectric layers include a dielectric ceramic material (see claim 1, col. 50, lines 33-34 and 51-54); and the dielectric ceramic material of at least one of the first dielectric portion, the second dielectric portion, and the third dielectric layers is different from a dielectric ceramic material of others of the first dielectric portion, the second dielectric portion, and the third dielectric portion (see claim 16, noting that each of the first, second, and third dielectric portions have different additives).
With respect to claim 2, claims 1-20 of the ‘524 patent recite that the dielectric ceramic material of the first dielectric portion is different from the dielectric ceramic material of the second dielectric portion. See claim 10, noting that each of the first, second, and third dielectric portions have different additives.
With respect to claim 3, claims 1-20 of the ‘524 patent recite that the dielectric ceramic material of the first dielectric portion is different from the dielectric ceramic material of the third dielectric layers. See claim 10, noting that each of the first, second, and third dielectric portions have different additives.
With respect to claim 4, claims 1-20 of the ‘524 patent recite that the dielectric ceramic material of the second dielectric portion is different from the dielectric ceramic material of the third dielectric layers. See claim 10, noting that each of the first, second, and third dielectric portions have different additives.
With respect to claim 5, claims 1-20 of the ‘524 patent recite a multilayer body (see claim 1, col. 50, line 7) comprising: a first main surface and a second main surface on opposite sides in the stacking direction, a first side surface and a second side surface on opposite sides in a width direction orthogonal or substantially orthogonal to the stacking direction, and a first end surface and a second end surface on opposite sides in a length direction orthogonal or substantially orthogonal to the stacking direction and the width direction (see claim 1, col. 50, lines 13-21); wherein an external electrode is provided on the multilayer body (see claim 1, col. 50, lines 28-32); the multilayer body includes: an inner layer portion (see claim 1, col. 50, lines 45-48); outer layer portions sandwiching the inner layer portion in the stacking direction (see claim 1, col. 50, lines 48-51); and third dielectric layers sandwiching the inner layer portion and the outer layer portions in the width direction (see claim 1, col. 50, lines 51-54); the inner layer portion includes: a first internal electrode layer extending to the first end surface (see claim 1, col. 50, lines 22-27); a second internal electrode layer extending to the second end surface (see claim 1, col. 50, lines 22-27); a first dielectric portion sandwiched by the first internal electrode and the second internal electrode (see claim 1, col. 50, lines 35-37); and a second dielectric portion sandwiched by the first internal electrode and another first internal electrode without the second internal electrode (see claim 1, col. 50, lines 38-44); the first dielectric portion, the second dielectric portion, and the third dielectric layers include a dielectric ceramic material (see claim 1, col. 50, lines 33-34 and 51-54); and at least one additive of at least one of the first dielectric portion, the second dielectric portion, and the third dielectric layers is different from at least one additive of others of the first dielectric portion, the second dielectric portion, and the third dielectric layers (see claim 16, noting that each of the first, second, and third dielectric portions have different additives).
The embodiment of claims 1 and 16 fail to teach that the first dielectric portion, the second dielectric portion, and the third dielectric layers include a common main component.
However, claim 1, col. 50, lines 33-34 and claim 18 recite that the first dielectric portion, the second dielectric portion, and the third dielectric layers include a common main component. Such an arrangement would allow the first, second, and third dielectrics to sinter effectively.
Accordingly, it would have been obvious to one of ordinary skill in the art, at the effective filing date of the invention, to combine the embodiment of claims 1 and 16, with the embodiment of claim 18, in order to allow the first, second, and third dielectrics to sinter effectively.
With respect to claim 6, the combined embodiments of claims 1, 16, and 18 recite that at least one additive of the first dielectric portion is different from at least one additive of the second dielectric portion. See claim 16, noting that each of the first, second, and third dielectric portions have different additives.
With respect to claim 7, the combined embodiments of claims 1, 16, and 18 recite that at least one additive of the first dielectric portion is different from at least one additive of the third dielectric layers. See claim 16, noting that each of the first, second, and third dielectric portions have different additives.
With respect to claim 8, the combined embodiments of claims 1, 16, and 18 recite that that at least one additive of the second dielectric portion is different from at least one additive of the third dielectric layers. See claim 16, noting that each of the first, second, and third dielectric portions have different additives.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. (US 2021/0027947) and Oosawa (US 2020/0402718) each teach ceramic capacitors having transition layers between the internal electrode layers and the dielectric layers, but fails to teach the details regarding the first, second, and third dielectric portions/layers of claims 1, 5, and 9, respectively.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DION R FERGUSON whose telephone number is (571)270-7566. The examiner can normally be reached Monday-Friday, 5:30 a.m. - 4:00 p.m..
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/DION R. FERGUSON/Primary Examiner, Art Unit 2847
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