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 .
Drawings
The drawings are objected to because in Fig. 21, C4 should be with 552e and C6 should be with 522f (see related Figs. 1, 16 on the positions). 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.
Specification
The disclosure is objected to because of the following informalities:
For [0012]: “The second resonant frequency may shift to a higher frequency as a length of the inductor pattern increases” should correctly be --The second resonant frequency may shift to a higher frequency as a length of the inductor pattern decreases--, due to the inherent inverse relationship
ω
=
1
/
L
C
(also e.g., [0147]).
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.
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, 5-7 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 9-13 of copending Application No. 19/107099 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because both claimed a multilayer common mode filter comprising: a first stack provided with a first coil pattern, a second coil pattern, and a third coil pattern; a second stack provided with a fourth coil pattern, a fifth coil pattern, and a sixth coil pattern, and disposed under the first stack (‘099: claim 1); and a third stack disposed under the second stack, wherein the third stack comprises: a plurality of capacitor patterns disposed under the second stack; a floating pattern disposed under the plurality of capacitor patterns, and configured to form additional capacitance by overlapping the plurality of capacitor patterns; a ground pattern disposed under the floating pattern; and an inductor pattern disposed between the floating pattern and the ground pattern, and wherein a first end of the inductor pattern is connected to the floating pattern, and a second end of the inductor pattern is connected to the ground pattern (‘143: claim 1, ‘099: claims 9-13);
the third stack comprises: a ninth sheet; a plurality of capacitor patterns placed on a first surface of the ninth sheet and spaced apart from each other; a tenth sheet disposed under the ninth sheet; and a floating pattern placed on a first surface of the tenth sheet, and forming a plurality of overlapping areas by overlapping the plurality of capacitor patterns, the floating pattern being configured to form additional capacitance in the plurality of overlapping regions; wherein the third stack further comprises: the ground pattern disposed under the tenth sheet; and the inductor pattern interposed between the tenth sheet and the ground pattern, and including a first end connected to the floating pattern, and a second end connected to the ground pattern; wherein the third stack further comprises: an eleventh sheet interposed between the tenth sheet and the ground pattern; and a twelfth sheet interposed between the eleventh sheet and the ground pattern, wherein the inductor pattern comprises: a first inductor pattern placed on a first surface of the eleventh sheet, and including a first end connected to the floating pattern through a via hole passing through the tenth sheet, and a second end spaced apart from the first end; and a second inductor pattern placed on a first surface of the twelfth sheet, and including a first end connected to the ground pattern, and a second end connected to the second end of the first inductor pattern through a via hole passing through the eleventh sheet (‘143: claims 5-7, ‘099: claims 11-13).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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, 6, 10, 11 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.
Claim 3 last paragraph recites “the third coil pattern including a first end … connected to the second end of the second coil” appears to correctly be --the third coil pattern including a first end … connected to the first end of the second coil-- to have the correct connections (see Fig. 3).
Claim 6, “the inductor pattern … including a first end …, and a second end” appears to correctly be --the inductor pattern … including the first end …, and the second end-- for proper antecedent basis since the first recitations are in parent claim 1.
Claim 10, “the second resonant frequency shifts to a higher frequency as a length of the inductor pattern increases” appears to correctly be --the second resonant frequency shifts to a higher frequency as a length of the inductor pattern decreases-- due to the inherent inverse relationship
ω
=
1
/
L
C
(also e.g., [0147]).
Claim 11, “the second resonant frequency shifts to a lower frequency as a length of the inductor pattern decreases” appears to correctly be --the second resonant frequency shifts to a lower frequency as a length of the inductor pattern increases-- due to the inherent inverse relationship
ω
=
1
/
L
C
(also e.g., [0147]).
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.
Claim(s) 1, 2, 5, 6, 10, 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hadano US 7,746,197.
1. Hadano discloses a multilayer common mode filter (Figs. 2, 3; abstract; noise) comprising:
a first stack (three layers countering down starting the layer having terminals in2, in3) provided with a first coil pattern, a second coil pattern, and a third coil pattern (coils that made parts of L21, L31);
a second stack (three layers following the described above) provided with a fourth coil pattern, a fifth coil pattern, and a sixth coil pattern (coils that made parts of L21, L31), and disposed under the first stack; and
a third stack (layers that followed) disposed under the second stack,
wherein the third stack comprises:
a plurality of capacitor patterns (8) disposed under the second stack;
a floating pattern (9) disposed under the plurality of capacitor patterns, and configured to form additional capacitance (C22, C32) by overlapping the plurality of capacitor patterns;
a ground pattern (the pattern that coupled GND1, GND2) disposed under the floating pattern; and
an inductor pattern (corresponding via 7) disposed between the floating pattern and the ground pattern, and wherein a first (e.g., top) end of the inductor pattern is connected to the floating pattern, and a second (e.g., bottom) end of the inductor pattern is connected to the ground pattern.
2. The multilayer common mode filter of claim 1, wherein the first stack and the second stack form a coil stack (L21, L31), wherein the coil stack is configured such that the first coil pattern, the second coil pattern, the third coil pattern, the fourth coil pattern, the fifth coil pattern, and the sixth coil pattern are sequentially stacked (from top to bottom), wherein the first coil pattern and the sixth coil pattern form a first coil that forms a first channel, wherein the second coil pattern and the third coil pattern are interposed between the first coil pattern and the sixth coil pattern, and form a second coil that forms a second channel, and wherein the fourth coil pattern and the fifth coil pattern are interposed between the third coil pattern and the sixth coil pattern, and form a third coil that forms a third channel (definition and grouping of the coils only; note that the channels can be parts of a same or different inductor).
5. The multilayer common mode filter of claim 1, wherein the third stack comprises: a ninth sheet (with item 8); a plurality of capacitor patterns (8) placed on a first surface of the ninth sheet and spaced apart from each other; a tenth sheet (with item 9) disposed under the ninth sheet; and a floating pattern (9) placed on a first surface of the tenth sheet, and forming a plurality of overlapping areas by overlapping the plurality of capacitor patterns, the floating pattern being configured to form additional capacitance (C22, C32) in the plurality of overlapping regions .
6. The multilayer common mode filter of claim 5, wherein the third stack further comprises: the ground pattern (with terminals GND1, GND2) disposed under the tenth sheet; and the inductor pattern (corresponding via 7) interposed between the tenth sheet and the ground pattern, and including a first (e.g., top) end connected to the floating pattern, and a second (e.g., bottom) end connected to the ground pattern (see Fig. 2).
10. The multilayer common mode filter of claim 1, wherein a filter stack (Fig. 2) formed by stacking the first stack, the second stack, and the third stack has a first resonant frequency (Fig. 5, the pole at 900 MHz), and a second resonant frequency (Fig. 5, the pole at 2 GHz; Col. 8 lines 12-16) higher than the first resonant frequency, and wherein the second resonant frequency shifts to a higher frequency as a length of the inductor pattern decreases (inherent as
ω
=
1
/
L
C
, less length is less inductance L so more resonant frequency ω).
11. The multilayer common mode filter of claim 1, wherein a filter stack formed by stacking the first stack, the second stack, and the third stack has a first resonant frequency (Fig. 5, the pole at 900 MHz), and a second resonant frequency (Fig. 5, the pole at 2 GHz; Col. 8 lines 12-16) higher than the first resonant frequency, and wherein the second resonant frequency shifts to a lower frequency as a length of the inductor pattern increases (inherent as
ω
=
1
/
L
C
, more length is more inductance L so less resonant frequency ω).
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.
Claim(s) 3, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hadano US 7,746,197 in view of Matsuura US 2019/0164677.
3, 4. Hadano discloses the invention as discussed above, including the coils that form inductors (L21, L31) but does not disclose details of for claim 3: the first stack or for claim 4: the second stack as claimed.
Matsuura discloses a common mode device (Fig. 8) comprising:
a first stack (layers 80, 41, 31’, 31) having:
a first sheet (80); a first terminal pattern (80d) placed on a first surface of the first sheet;
a second terminal pattern (80f) placed on the first surface of the first sheet, and spaced apart from the first terminal pattern;
a second sheet (41) disposed under the first sheet;
a first coil pattern (43) forming a first loop wound on a first surface of the second sheet, the first coil pattern including a first end (43d) positioned in an inner peripheral region of the first loop and connected to the first terminal pattern through a via hole (45) passing through the first sheet, and a second end (43a) positioned in an outer peripheral region of the first loop;
a third sheet (31’) disposed under the second sheet;
a second coil pattern (33’) forming a second loop wound on a first surface of the third sheet, the second coil pattern including a first end (33f’) positioned in an inner peripheral region of the second loop and connected to the second terminal pattern through a via hole (35’) passing through the first sheet and the second sheet, and a second end (33c’) positioned in an outer peripheral region of the second loop;
a fourth sheet (31) disposed under the third sheet; and
a third coil pattern (33) forming a third loop wound on a first surface of the fourth sheet, the third coil pattern including a first end (33f) positioned in an inner peripheral region of the third loop and connected to the first end of the second coil pattern through a via hole (35) passing through the third sheet, and a second end (33c) positioned in an outer peripheral region of the third loop;
a second stack (layers 21’, 21, 11, 70) having:
a fifth sheet (21’);
a fourth coil pattern (23’) forming a fourth loop wound on a first surface of the fifth sheet, the fourth coil pattern including a first end (23e’) positioned in an inner peripheral region of the fourth loop, and a second end (23b’) positioned in an outer peripheral region of the fourth loop;
a sixth sheet (21) disposed under the fifth sheet;
a fifth coil pattern (23) forming a fifth loop wound on a first surface of the sixth sheet, the fifth coil pattern including a first end (23e) positioned in an inner peripheral region of the fifth loop and connected to the first end of the fourth coil pattern through a via hole (25’) passing through the fifth sheet, and a second end (23b) positioned in an outer peripheral region of the fifth loop;
a seventh sheet (11) disposed under the sixth sheet;
a sixth coil pattern (13) forming a sixth loop wound on a first surface of the seventh sheet, the sixth coil pattern including a first end (13d) positioned in an inner peripheral region of the sixth loop, and a second end (13a) positioned in an outer peripheral region of the sixth loop;
an eighth sheet (70) disposed under the seventh sheet;
a third terminal pattern (70e) placed on the first surface of the seventh sheet, and including a first end (circle end) connected to the first end of the fourth coil pattern and the first end of the fifth coil pattern through a via hole (25) passing through the fifth sheet, the sixth sheet, and the seventh sheet; and
a fourth terminal pattern (70d) placed on the first surface of the seventh sheet and spaced apart from the third terminal pattern, the fourth terminal pattern including a first end (circle end) connected to the first end of the sixth coil pattern through a via hole (15) passing through the seventh sheet.
At the time of the filing, it would have been obvious to one of ordinary skill in the art to have substituted or replaced the corresponding coils arrangement of Hadano with that of Matsuura. The modification would have been obvious as a simple substitution or replacement of parts that perform the same/similar results (coils that form inductors; see MPEP 2143(I)(B)).
Claim(s) 8, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hadano US 7,746,197 in view of Matsunaga US 2017/0092413.
8, 9. Hadano discloses the invention as discussed above, but does not disclose for claim 8: a first magnetic sheet disposed over the first stack; and a second magnetic sheet interposed between the second stack and the third stack; for claim 9: a third magnetic sheet disposed under the third stack.
Matsunaga exemplarily discloses a common mode device (Fig. 8) comprising: a non-magnetic body (11) with inductance elements (211, 212, 221, 222) and magnetic bodies (12) above and below the non-magnetic body (11).
At the time of the filing, it would have been obvious to one of ordinary skill in the art to have added magnetic bodies/sheets above and/or below the non-magnetic body with inductance elements. The modification would have been obvious because magnetic flux around that flows around individual coils is reduced and shared magnetic flux that flows around the coils is increased, coupling between coils can be strengthened and consequently degradation of the signal transmission characteristic can be further reduced, the common mode impedance is increased, and the differential mode impedance is reduced as taught by Matsunaga ([0104]). Accordingly, a first magnetic sheet is over the first stack and a second magnetic sheet is interposed between the second tack and the third stack (effectively sandwiched the coils by the first and second magnetic sheets) and a third magnetic sheet disposed under the third stack (effectively sandwiched the inductor pattern by the second and third magnetic sheets).
Allowable Subject Matter
Claims 12, 13 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN WONG whose telephone number is (571)272-3238. The examiner can normally be reached M-F: 10am - 7:00pm.
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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.
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/A.W/Examiner, Art Unit 2843
/ANDREA LINDGREN BALTZELL/Supervisory Patent Examiner, Art Unit 2843
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