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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/27/2025 was filed. The submission 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 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.
Claims 11-16 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.
With regards to claim 11, examiner is unclear if claim 11 is an independent or dependent claim.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1, 2, 6, 7 and 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No. 12, 244, 291. Although the claims at issue are not identical, they are not patentably distinct from each other because:
19/038, 158
12, 244,291
1. A crystal element comprising, defining that a front side of two faces in a front-and- back relation is a first face, a back face is a second face, and a dimension of a direction vertically going through the first face and the second face is a thickness: a vibration part that includes a first face and a second face; a flat plate part that includes a first face and a second face, the flat plate part having a thickness thicker than a thickness of the vibration part and being disposed in an outer edge of the vibration part on a plan view;
a fixing part that includes a first face and a second face, the fixing part having a thickness thicker than the thickness of the flat plate part and being disposed in an outer edge of the flat plate part on a plan view; an excitation electrode disposed on the first face and the second face of the vibration part;
a mounting electrode disposed at least on one of the first face and the second face of the fixing part; and a wiring electrode that electrically connects the excitation electrode and the mounting electrode, wherein, on a plan view,
the vibration part, the flat plate part, and the fixing part are in a substantially rectangular shape, the flat plate part is disposed to surround all sides of the rectangular shape of the vibration part, and the fixing part is disposed only in one side of the rectangular shape of the flat plate part,
wherein, on a plan view, a distance from a center of the vibration part to the fixing part is longer than a distance from a center of the flat plate part to the fixing part.
1. A crystal element comprising, defining that a front side of two faces in a front-and-back relation is a first face, a back face is a second face, and a dimension of a direction vertically going through the first face and the second face is a thickness: a crystal wafer formed to define: a vibration part that includes a first face and a second face; a flat plate part that includes a first face and a second face, the flat plate part having a thickness thicker than a thickness of the vibration part and being disposed on an outer edge of the vibration part on a plan view; and a fixing part that includes a first face and a second face, the fixing part having a thickness thicker than the thickness of the flat plate part and being disposed on in an outer edge of the flat plate part on a plan view; an excitation electrode disposed on the first face and the second face of the vibration part; a mounting electrode disposed at least on one of the first face and the second face of the fixing part; and a wiring electrode that electrically connects the excitation electrode and the mounting electrode; wherein at least one of the first face and the second face of the flat plate part has an inclined face that becomes thinner as leaving away from the fixing part.
3. The crystal element according to claim 1, wherein on a plan view, the vibration part, the flat plate part, and the fixing part are in a substantially rectangular shape, the flat plate part is disposed to surround all sides of the rectangular shape of the vibration part, and the fixing part is disposed only in one side of the rectangular shape of the flat plate part.
4. The crystal element according to claim 3, wherein, on a plan view, a distance from a center of the vibration part to the fixing part is longer than a distance from a center of the flat plate part to the fixing part.
2. The crystal element according to claim 1, wherein the first face of the flat plate part and the first face of the fixing part are on different planes, and the second face of the flat plate part and the second face of the fixing part are on different planes.
2. The crystal element according to claim 1, wherein the first face of the flat plate part and the first face of the fixing part are on different planes, and the second face of the flat plate part and the second face of the fixing part are on different planes.
6. The crystal element according to claim 1, wherein at least one of the first face and the second face of the flat plate part has an inclined face that becomes thinner as leaving away from the fixing part.
1. A crystal element comprising, defining that a front side of two faces in a front-and-back relation is a first face, a back face is a second face, and a dimension of a direction vertically going through the first face and the second face is a thickness: a crystal wafer formed to define: a vibration part that includes a first face and a second face; a flat plate part that includes a first face and a second face, the flat plate part having a thickness thicker than a thickness of the vibration part and being disposed on an outer edge of the vibration part on a plan view; and a fixing part that includes a first face and a second face, the fixing part having a thickness thicker than the thickness of the flat plate part and being disposed on in an outer edge of the flat plate part on a plan view; an excitation electrode disposed on the first face and the second face of the vibration part; a mounting electrode disposed at least on one of the first face and the second face of the fixing part; and a wiring electrode that electrically connects the excitation electrode and the mounting electrode; wherein at least one of the first face and the second face of the flat plate part has an inclined face that becomes thinner as leaving away from the fixing part.
7. The crystal element according to claim 1, further comprising a through-hole opened through a thickness direction between the mounting electrode and the vibration part.
5. The crystal element according to claim 1, further comprising a through-hole opened through a thickness direction between the mounting electrode and the vibration part.
10. A crystal device comprising: the crystal element according to claim 1; a base body where the crystal element is disposed; and a lid that, together with the base body, airtightly seals the crystal element.
6. A crystal device comprising: the crystal element according to claim 1; a base body where the crystal element is disposed; and a lid that, together with the base body, airtightly seals the crystal element.
Allowable Subject Matter
Claims 17-20 are allowed.
Claims 3-5, 8 and 9 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 following is a statement of reasons for the indication of allowable subject matter: With regards to claims 17-20, the prior art does not disclose or fairly teach the specific circuit configuration with emphasis on the first face of the vibration part and the first face of the flat plate part are on a same plane, or the second face of the vibration part and the second face of the flat plate part are on a same plane.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY E GLENN whose telephone number is (571)272-1761. The examiner can normally be reached M-F 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, Andrea Lindgren Baltzell can be reached at 571-272-5918. 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.
July 13, 2026
/K.E.G/Examiner, Art Unit 2843
/ANDREA LINDGREN BALTZELL/Supervisory Patent Examiner, Art Unit 2843
Prosecution Insights