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 .
Drawings
The drawings are objected to because of the following:
Figures 1A, 1B, 2A, 2B and 5A needs to be labeled as --PRIOR ART-- since these drawings are disclosed as “conventional” in paragraph [0020].
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 6, 16-18, 22 and 23 are objected to because of the following informalities:
Claim 6, line 7, the examiner suggests rewriting “the frequency” to --a frequency-- to avoid an antecedent issue.
Claim 16, line 6, the examiner suggests rewriting “the outermost surface” to --an outermost surface-- to avoid an antecedent issue.
Claims 16-18, 22 and 23, lines 1-2 of each claim, the examiner suggests rewriting “a superconductive passive element” to --the superconductive passive element--- to avoid an antecedent issue.
Appropriate correction is required.
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 3, 8, 9 and 22 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 pre-AIA the applicant regards as the invention.
Claim 3, line 5, note that the recitation of “the superconductors” lacks proper antecedent basis, since no previous “superconductors” have been previously defined in the chain of dependency. Similar issue occurs in claim 8, line 8 and claim 22, lines 3-4. Correction is required. By virtue of dependency from claim 8, claim 9 has also been rejected under 35 USC 112(b). For the purpose of examination, the examiner will interpret that the “superconductors” is referring to “the superconductor” of the respective first and second conductor parts.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8, 11-18 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Masashi et al. (JP2000278012A, Cited by Applicant, Machine English Translation Provided by Examiner).
In regards to claim 1, Masashi et al. teaches in Fig. 6 a superconductive stripline resonator/passive element, comprising: a first conductor part (most upper conductors 11 and 12) having a superconductor, and a second conductor part (21) having a superconductor, wherein the first conductor part is configured such that an outermost surface (top surface) of the superconductor of the first conductor part is facing the second conductor part (21) while being separated from the second conductor part.
In regards to claim 2, based on Fig. 6, the superconductor of the first conductor part (11 and 12) is deposited, and the outermost surface is an outermost surface at the time of the deposition of the superconductor of the first conductor part.
In regards to claim 3, based on Fig. 6, the superconductor of the second conductor part (21) is deposited, and the first conductor part and the second conductor part are configured
In regards to claim 4, based on Fig. 6, the first conductor part (11 and 12) and the second conductor part (21) are arranged with an air gap between them.
In regards to claim 5, based on Fig. 6, a high-frequency power (input signal) is supplied to input terminal (10) to the first conductor part (11 and 12), and the second conductor part (21) is maintained at a constant potential (21 is ground).
In regards to claim 6, based on Fig. 6, the superconductor of the first conductor part (11 and 12) is used as a superconducting transmission line (form part of the stripline) for transmitting the high-frequency power.
In regards to claim 7, based on Fig. 6, the first conductor part (11 and 12) and the second conductor part (21) are arranged with a gap in between, and a substance (air) is placed in the gap, the substance being a substance that exhibits dielectric loss of less than a predetermined value determined due to an application filed of the superconductive passive element at the frequency of the high-frequency power (i.e. the air gap will necessarily have a “determined” dielectric loss based on an application filed).
In regards to claim 8, based on Fig. 6, the superconductor of the first conductor part (11 and 12) is deposited on a surface of a first substrate (10a), the superconductor of the second conductor part (21) is deposited on a surface of a second substrate (20), and the first substrate and the second substrate are fixed to each other (via base 40) so that the outermost surfaces when the superconductors of the first conductor part (11 and 12) and the second conductor part (21) are deposited face each other.
In regards to claim 11, based on Fig. 6, the first conductor part (11 and 12) and the second conductor part (21) are placed across a gap, and the superconductive passive element is used as a measurement cell for measuring the dielectric performance of a substance (air) placed in the gap (the air between the gap will have a direct effect on the resonator performance, therefore the resonator can be used as a measurement cell for measuring the dielectric performance of the air placed between the gap based on the resonator performance).
In regards to claim 12, based on Fig. 6 a superconducting stripline filter element comprising the superconductive passive element (11, 12 and 21) according to claim 1.
In regards to claim 13, based on Fig. 6 and machine English translation paragraph [0020], the first conductor part (11 and 12) and the second conductor part (21) form a half-wave transmission line having a stripline/microstrip line structure.
In regards to claim 14, based on related Fig. 5, the first conductor part (11) forms an inductor having a meander structure.
In regards to claim 15, Masashi et al. teaches in Fig. 6 a method for manufacturing a superconductive passive/stripline resonator filter element, comprising: arranging a first conductor part (11 and 12) including a superconductor in opposition to a second conductor part (21) including a superconductor while keeping a distance from the second conductor part.
In regards to claim 16, based on Fig. 6: depositing the superconductor on a first substrate (10a) to form the first conductor part (11 and 12) having the superconductor; and forming the second conductor part (21), wherein the outermost surface of the first conductor part is an outermost surface at the time of deposition.
In regards to claim 17, based on Fig. 6: wherein the forming the second conductor part comprises depositing the superconductor on a second substrate (20) to form the second conductor part having the superconductor, and the arranging the first conductor part (11 and 12) comprises arranging the first conductor part and the second conductor part with outermost surfaces when the superconductors are deposited facing each other and separated from each other.
In regards to claim 18, based on Fig. 6: wherein the forming the second conductor part (21) comprises depositing the superconductor on a second substrate (20) to form the second conductor part having the superconductor, the arranging the first conductor part comprises arranging the first conductor part and the second conductor part with outermost surfaces when the superconductors are deposited facing each other and separated from each other, and forming the first conductor part or forming the second conductor part includes depositing the superconductor by means by way of either a vapor deposition method, a sputtering method, or an epitaxial growth method (see machine English translation paragraph [0017], wherein the first conductor part is epitaxially grown).
In regards to claim 22, based on Fig. 6, wherein the arrangement arranging comprises fixing the first substrate (10a) and the second substrate (20) in a manner that outermost surfaces when the superconductors are deposited on the first conductor part and the second conductor part are facing each other.
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, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 9 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Masashi et al. (JP2000278012A, Cited by Applicant, Machine English Translation Provided by Examiner) in view of Hasler (USPAT 5,343,176 B).
As discussed above, Masashi et al. teaches the claimed invention as recited in claims 8 and 17. Masashi et al. does not teach: in regards to claim 9, wherein: the second substrate has a recess formed therein, and the surface on which the superconductor for the second conductor part is deposited is a portion of an inner surface of the recess of the second substrate, the portion of inner surface facing the surface of the first substrate and in regards to claim 23, further comprising: forming a recess in the second conductor part, wherein the second substrate has a recess formed on it, and the surface on which the superconductor for the second conductor part is deposited is a part of an inner surface of the recess of the second substrate that faces a surface of the first substrate
Hasler teaches in Figs. 1 and 2 a stripline resonator filter comprising a first conductor part (8b) and a second conductor part (ground 10), wherein the second conductor part (10) is formed in a recess of a substrate (2). Based column 5, lines 35-44, Hasler teaches that the distance between the first and second conductor parts is set by the recess to achieves a desired capacitance value, thereby achieving a desired frequency response.
At the time of filing, it would have been obvious to one of ordinary skill in the art to have modified the invention of Masashi et al. and have formed the second conductor part in a recess of the second substrate because such a modification would have provided the benefit of changing the capacitance value of the stripline resonator, thereby adjusting a frequency response of the resonator filter as taught by Hasler (see figs. 1 and 2, and column 5, lines 35-44).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Masashi et al. (JP2000278012A, Cited by Applicant, Machine English Translation Provided by Examiner) in view of Corcoles Gonzalez et al. (USPAT 8,954,125 B2).
As discussed above, Masashi et al. teaches the claimed invention as recited in claim 1. Masashi et al. does not teach a specific material for the first and second conductors parts (i.e. the super conductor material being generic) therefore does not teach in regards to claim 10: wherein at least one of the superconductor of the first conductor part or the superconductor of the second conductor part is made of at least one superconducting material selected from the superconducting material group consisting of Nb, Ta, Al, Ti, Hf, W, NON, NbTi, TIN, NbTiN, MgB2, YBCO, HBCCO, and BSCCO.
Corcoles Gonzalez et al. teaches in column 1, lines 35-38, that a suitable superconducting material is Al which exhibits low internal loss and high internal quality factor.
At the time of filing, it would have been obvious to one of ordinary skill in the art to have modified the invention of Masashi et al. and have replaced the generic superconducting material of the superconductor parts with Al because such a modification would have been a well-known in the art substitution of art-recognized alternative/equivalent for a superconducting material that able to perform the same function as taught by Corcoles Gonzales et al. (see column 1, lines 35-38). .
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORGE L SALAZAR JR whose telephone number is (571)-272-9326. The examiner can normally be reached between 9am - 6pm Monday-Friday.
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/JORGE L SALAZAR JR/Primary Examiner, Art Unit 2843
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