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.
Title Objection
1. 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.
Examiner’s Note
2. All the words in the language of the claims of which the specifications do not provide a definition in the form stated in the MPEP, the examiner has interpreted them by their plain meanings, pursuant to the MPEP 2111.01 “Plain Meaning” and MPEP 2173.01.
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 of this title, 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.
3. Claim(s) 1-6 and 9-12 are/is rejected under 35 U.S.C. 103 as being unpatentable over TAKANO (Pub. No.: US 2022/0065956 hereinafter mentioned as “Takano”) in view of KOMASAKI (Pub. No.: US 2018/0180685 hereinafter mentioned as “Komasaki”).
As per claim 1, Takano discloses:
A magnetic sensor (See MPEP 2111.02, Effect of Preamble, and II. Preamble Statements Reciting Purpose or Intended Use. See [0060]) comprising:
a magnetoresistive element (Fig. 1, see the magnetoresistive effect element 2. Also see [0060]);
at least one yoke including a magnetic layer made of a soft magnetic material (Fig. 1, see the first yoke unit 31. Also see [0066]), the at least one yoke being adjacent to the magnetoresistive element and spaced at a distance apart from each other (Fig. 1, see the first yoke unit 31 and magnetoresistive effect element 2. Also see [0060]); and
at least one magnetic field generator (Fig. 1, see the first bias magnetic field generation unit 41. Also see [0060]), the at least one magnetic field generator being configured to generate a magnetic field to be applied to the at least one yoke (see [0009] and/or abstract).
Takano discloses the magnetic field generator but does not explicitly disclose that it includes
a ferromagnetic portion made of a ferromagnetic material and an antiferromagnetic portion made of an antiferromagnetic material and exchange-coupled with the ferromagnetic portion.
However, Komasaki further discloses:
at least one magnetic field generator including a ferromagnetic portion made of a ferromagnetic material and an antiferromagnetic portion made of an antiferromagnetic material and exchange-coupled with the ferromagnetic portion, the at least one magnetic field generator being configured to generate a magnetic field to be applied to the at least one yoke (see [0009]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the feature relative to the magnetic field generator of Takano including “a ferromagnetic portion made of a ferromagnetic material and an antiferromagnetic portion made of an antiferromagnetic material and exchange-coupled with the ferromagnetic portion”, as it is disclosed by Komasaki, with the motivation and expected benefit related to improving the system and measurements by providing a magnetic sensor capable of outputting highly accurate and stable sensor signals and to provide a current sensor and position detection device that use such a magnetic sensor (Komasaki, Paragraph [0008]).
As per claim 2, the combination of Takano and Komasaki discloses the magnetic sensor according to claim 1 as described above.
Takano further discloses:
the at least one magnetic field generator comprises two magnetic field generators (Fig. 1, see the first bias magnetic field generation unit 41 and the second bias magnetic field generation unit 42. Also see [0060]), and
the magnetoresistive element and the at least one yoke are disposed between the two magnetic field generators (Fig. 1, see the first bias magnetic field generation unit 41, the second bias magnetic field generation unit 42 and magnetoresistive effect element 2. Also see [0060]).
As per claim 3, the combination of Takano and Komasaki discloses the magnetic sensor according to claim 1 as described above.
Takano further discloses:
the at least one yoke comprises two yokes (Fig. 1, see the first yoke unit 31 and second yoke unit 32. Also see [0066]), and
the magnetoresistive element is disposed between the two yokes (Fig. 1, see the first yoke unit 31, second yoke unit 32 and magnetoresistive effect element 2. Also see [0060]).
As per claim 4, the combination of Takano and Komasaki discloses the magnetic sensor according to claim 1 as described above.
Takano further discloses:
wherein the magnetic field generated by the at least one magnetic field generator is applied to the magnetoresistive element (see [0009] and/or abstract).
As per claim 5, the combination of Takano and Komasaki discloses the magnetic sensor according to claim 1 as described above.
Takano further discloses:
wherein a part of the at least one magnetic field generator overlaps the at least one yoke when viewed in an orthogonal direction orthogonal to a direction in which the magnetoresistive element and the at least one yoke are arranged (see claim-11).
As per claim 6, the combination of Takano and Komasaki discloses the magnetic sensor according to claim 1 as described above.
The combination of Takano and Komasaki, with the obvious motivation set forth above in claim-1, further discloses:
the ferromagnetic portion includes a ferromagnetic layer made of a ferromagnetic material, the ferromagnetic layer being disposed so that a part the ferromagnetic layer (Komasaki, see [0009] and/or [0050]) overlaps the at least one yoke (Takano, Fig. 1, see the first yoke unit 31. Also see [0066] and claim-11. The overlapping comes Komasaki’s teaching into Takano’s) when viewed in a direction orthogonal to a direction in which the magnetoresistive element and the at least one yoke are arranged (Takano, Fig. 1, see the first yoke unit 31 and second yoke unit 32. Also see [0066]), and
the antiferromagnetic portion includes an antiferromagnetic layer made of an antiferromagnetic material, the antiferromagnetic layer being in contact with the ferromagnetic layer (Komasaki, see [0009]).
Furthermore, pursuant to MPEP 2144.04 Legal Precedent as Source of Supporting Rationale, VI. REVERSAL, DUPLICATION, OR REARRANGEMENT OF PARTS, the Rearranging/shifting the position of the sensor components, layers, etc., with respect to the each other does not modify the operation of the sensor in a novel manner, therefore, components’ positions and/or rearrangement has no patentable weight (see “In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)). Additionally, rearranging the component positions is an obvious design choice (see “In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975)). Furthermore, if the aforesaid arrangements modify the sensor in an unpredictable manner, it should be added language claiming the aforesaid unpredictable manner in order to add patentability weight to the claim.
As per claim 9, the combination of Takano and Komasaki discloses the magnetic sensor according to claim 1 as described above.
The combination of Takano and Komasaki, with the obvious motivation set forth above in claim-1, further discloses:
a lower electrode and an upper electrode each made of a conductive material (Komasaki, see [0040]-[0041]), wherein
the magnetoresistive element is disposed on the lower electrode (Komasaki, see [0040]-[0041]), and
the upper electrode is disposed on the magnetoresistive element (Komasaki, see [0040]-[0041]), the at least one yoke (Takano, Fig. 1, see the first yoke unit 31. Also see [0066] and claim-11. The overlapping comes Komasaki’s teaching into Takano’s), and the at least one magnetic field generator (Komasaki, see [0040]-[0041]).
As per claim 10, the combination of Takano and Komasaki discloses the magnetic sensor according to claim 1 as described above.
The combination of Takano and Komasaki, with the obvious motivation set forth above in claim-1, further discloses:
the magnetoresistive element includes a plurality of magnetic films stacked together (Takano, see [0062], and/or, Komasaki [0059]-[0060]), and
a part of the at least one magnetic field generator overlaps a part of the at least one yoke when viewed in a stacking direction (Takano, see claim-11) of the plurality of magnetic films (Takano, see [0062], and/or, Komasaki [0059]-[0060]).
As per claim 11, the combination of Takano and Komasaki discloses the magnetic sensor according to claim 1 as described above.
Takano further discloses:
the magnetoresistive element includes a plurality of magnetic films stacked together (Takano, see [0062], and/or, Komasaki [0059]-[0060]), and
the at least one magnetic field generator does not overlap the at least one yoke when viewed in a stacking direction (Takano, see claim-11 and/or [0079]. The magnetic field generation unit overlaps in the plan view but not in a cross-sectional view vertically/stacking direction. Furthermore, paragraph 0079 states that “may overlap” that implies a design choice, which includes overlapping or not) of the plurality of magnetic films (Takano, see [0062]).
As per claim 12, the combination of Takano and Komasaki discloses the magnetic sensor according to claim 1 as described above.
Takano further discloses:
a plurality of resistor sections each including the magnetoresistive element (Fig. 22, see the sections of the plurality of magnetoresistive effect elements 2. Also see [0114]), wherein
the at least one yoke comprises a plurality of yokes (Fig. 22, see the yoke units 3 (first yoke units 31, second yoke unit 32). Also see [0114]),
the at least one magnetic field generator comprises a plurality of magnetic field generators (Fig. 22, see the first bias magnetic field generation unit 41 and the second bias magnetic field generation unit 42. Also see [0114]),
each of the plurality of yokes (Fig. 22, see the yoke units 3 (first yoke units 31, second yoke unit 32). Also see [0114]) is adjacent to the magnetoresistive element of one of the plurality of resistor sections (Fig. 22, see sections of the plurality of magnetoresistive effect elements 2. Also see [0114]),
each of the plurality of magnetic field generators generators (Fig. 2, see the first bias magnetic field generation unit 41 and the second bias magnetic field generation unit 42. Also see [0114]) is configured such that the magnetic field is applied to one of the plurality of yokes (see [0009] and/or abstract), and
the plurality of magnetic field generators include a first specific magnetic field generator in which a direction of the magnetic field is a first direction and a second specific magnetic field generator in which a direction of the magnetic field is a second direction (Fig. 1, see the first bias magnetic field generation unit 41 and the second bias magnetic field generation unit 42, which are disposed in different position, therefore, the magnetic fields generated have different directions. Also see [0114]).
Allowable Subject Matter
4. Claim(s) 7-8 are/is 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.
5. The following is an examiner's statement of reasons for the objection:
6. Regarding claim 7, the prior art of record, alone or in combination, does not disclose or suggest the below underlined limitations incorporated together with the other claimed limitations not mentioned herein:
the ferromagnetic portion includes a ferromagnetic layer made of a ferromagnetic material, the ferromagnetic layer being disposed so that a part of the ferromagnetic layer overlaps the at least one yoke when viewed in a direction orthogonal to a direction in which the magnetoresistive element and the at least one yoke are arranged,
the magnetic sensor further comprises an antiferromagnetic layer made of an antiferromagnetic material, the antiferromagnetic layer being disposed over the magnetoresistive element, the at least one yoke, and the ferromagnetic layer,
the antiferromagnetic layer includes a facing part that faces the ferromagnetic layer and a non-facing part that faces the magnetoresistive element and the at least one yoke but does not face the ferromagnetic layer, and the antiferromagnetic portion includes the facing part.
7. Claim(s) 8 would also be allowable because further limits and depends on claim 7.
8. The prior art of record does not anticipate the limitations of the independent claims.
Furthermore, there is not any obvious motivation for an ordinary skilled in the art to combine some and/or all of the features of the prior art of record to achieve the features of the allowable subject matter. In addition, it will further require substantial structural modification of the components that will also require substantial modification of the measurements, and configurations to achieve the features of the allowable subject matter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALVARO E. FORTICH whose telephone number is (571) 272-0944. The examiner can normally be reached on Monday thru Friday from 8:30am to 5:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Huy Phan, can be reached on (571)272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALVARO E FORTICH/Primary Examiner, Art Unit 2858
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