`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`13/383,694
`
`01/12/2012
`
`Hiroshi Saiki
`
`MAT—10537US
`
`3432
`
`RATNERPRESTIA
`PO. BOX 980
`VALLEY FORGE, PA 19482-0980
`
`FAROKHROOZ, FATIMA N
`
`ART UNIT
`
`2875
`
`PAPER NUIVIBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/05/2015
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`ptocorrespondence @ratnerprestia.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 13/383,694 SAIKI ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`FATIMA FAROKHROOZ [SENS 2875
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 10/17/14.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 1 3-8 and 10-21 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)I:I Claim(s)
`is/are allowed.
`
`7)|Z| Claim(s) 1 3-8 and 10-21 is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`hit
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
`
`
`
`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`3) D Interview Summary (PTO-413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20141224
`
`

`

`Application/Control Number: 13/383,694
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`Page 2
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`Art Unit: 2875
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`The present application is being examined under the pre-AIA first to invent provisions.
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`Detailed Action
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`Response to Amendment
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`The amendment filed on 10/17/14 is acknowledged. Claims 1, 3-8 and 10-21 remain
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`pending in the application.
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`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art
`are such that the subject matter as a whole would have been obvious at the time the invention was made to
`a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be
`negatived by the manner in which the invention was made.
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`Claims 1,3-5 ,10-15 and 19- 21 are rejected under 35 U.S.C. 103(a) as being
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`unpatentable over Lausch (US 4853596,cited previously) in view of Choi (US 6255764 cited
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`previously) and Omori (US 20030104923).
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`Regarding claims 1 and 2 , Lausch teaches a flash discharge tube electrode (see Fig.3)
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`sealed to an end of a glass bulb of a flash discharge tube, comprising: an internal electrode led
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`into the glass bulb (2); a sintered electrode structure 3 connected to a top end of the internal
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`electrode, with an external diameter equal to or smaller than an external diameter of the internal
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`electrode; and a projection 4 made of a high-melting-point metal, provided so as to partially
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`project from a top end face of the sintered electrode structure.
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`Although, the term "high-melting-point" in claim 1
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`is a relative term not defined by the
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`claim, yet, since it is well known and also disclosed by Lausch that high heat is generated in
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`

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`Application/Control Number: 13/383,694
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`Page 3
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`Art Unit: 2875
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`discharge lamps, it would have been obvious to one of ordinary skill in the art, at the time the
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`invention was made, to use a high-melting point electrode tip, in order to prevent melting of the
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`electrode in the high temperature discharge environment.
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`Further for claim 1, Lausch is silent regarding the projection projects to a thickness of 0.1
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`to 0.3 mm from the top end face.
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`In the same field of endeavor, Choi teaches the projection 14 projects to a thickness of 0.1
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`to 0.3 mm from the top end face in order to optimize the diffusion path.
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`Therefore, it would have been obvious to one of ordinary skill in the art, at the time the
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`invention was made, to use the thickness as disclosed by Choi, in the device of Lausch in order
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`to optimize the diffusion path.
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`Lausch in view of Choi is silent regarding the sintered electrode structure having holes, the
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`diameter of the holes being distributed between 0.75 and 2.70 micrometers and cesium
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`compound being impregnated in the holes.
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`In the same field of endeavor of forming electrodes and to improve their performance,
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`Omori teaches a capacitance electrode with sintered niobium powder with pore size between
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`0.75 and 2.70 micrometer (see Abstract, [0019]-[0020],[0030],[0035]) that is impregnated with
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`cesium ([0055],[0056] and [0080]) in order to achieve low resistance ([0002])
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`Although the method is used for electrode of capacitor, however it would have been
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`obvious to one of ordinary skill in the art, at the time the invention was made, to use the same
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`technique as disclosed by Omori, in the electrode of Lausch in view of Choi for an electrode of a
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`lamp in order to achieve low resistance.
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`Regarding Claim 3, Lausch in view of Choi and Omori teaches the invention set forth
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`above (see rejection in Claim 1 above). Lausch in view of Choi and Omori is silent regarding
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`

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`Application/Control Number: 13/383,694
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`Page 4
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`Art Unit: 2875
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`the projection to cover 20% to 60% of an area size of the top end face.
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`However, since
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`Lausch already teaches that the projection width is much smaller than the base portion 3,
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`therefore it would have been obvious to one of ordinary skill in the art, at the time the invention
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`was made, to use the projection coverage between 20-60%, since where the general conditions
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`of a claim are disclosed in the prior art, discovering the “optimum range” involves only routine
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`skill in the art.
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`Regarding Claim 4, Lausch in view of Choi and Omori teaches a flash discharge tube
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`electrode, wherein the projection is formed on the top end face (see Fig.3 of Lausch).
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`Regarding Claim 5, Lausch in view of Choi and Omori teaches a flash discharge tube
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`electrode, wherein the top end face 7 further has a depressed part, and wherein a part of the
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`projection 6 is embedded in the depressed part (see Fig.2 of Lausch).
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`Regarding Claim 10, Lausch in view of Choi and Omori teaches a flash discharge tube
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`electrode, wherein the internal electrode and the projection are separate components each
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`other (as disclosed by Lausch and Choi).
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`Regarding Claim 11, Lausch in view of Choi and Omori teaches a flash discharge tube
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`electrode, wherein the internal electrode and the projection are separated via the sintered
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`electrode structure (as disclosed by Choi, Note: further the limitation of “sintered” is drawn to the
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`method of making the electrode and does not differentiate the structure of the prior art from the
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`claimed electrode).
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`

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`Application/Control Number: 13/383,694
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`Page 5
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`Art Unit: 2875
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`Regarding Claims 12 -14, Lausch in view of Choi and Omori teaches a flash discharge
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`tube electrode, wherein the projection is welded to the sintered electrode structure (for claim
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`12), the projection is welded to the internal electrode (for claim 13) and the sintered electrode
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`structure is welded to the internal electrode so as to maximize a contact area between the
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`sintered electrode structure and the internal electrode (for claim 14). (Note: the limitation of
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`“welded” is drawn to the method of bonding the two elements and does not differentiate the
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`structural limitations of the prior art from the claimed electrode).
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`Regarding Claims 15, Lausch in view of Choi and Omori teaches a flash discharge tube
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`electrode, wherein the internal electrode is made of tungsten (see material for 2 in Lausch)
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`Further, tunsgten is a well-known material used for electrode, therefore it would have been
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`obvious to one of ordinary skill in the art, at the time the invention was made, to use tungsten as
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`material for the constituent elements 2 of Lausch in order to maintain high melting point.
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`Regarding Claim 19, Lausch in view of Choi and Omori teaches a flash discharge tube
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`electrode, wherein the projection occupies less than all of the face of the top end of the sintered
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`electrode (Fig.3 of Lausch).
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`Regarding Claim 20, Lausch in view of Choi and Omori teaches a flash discharge tube
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`electrode, wherein the top end of the internal electrode being exposed in the glass bulb (Fig.3 of
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`Lausch)
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`Regarding Claim 21, Lausch in view of Choi and Omori teaches a flash discharge tube
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`electrode, wherein the external diameter of the sintered electrode 3 structure is equal to or
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`smaller than all external diameters of the internal electrode 2.
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`

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`Application/Control Number: 13/383,694
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`Page 6
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`Art Unit: 2875
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`Claim 6 is rejected under 35 U.S.C. 103(a) as being unpatentable over Lausch in view of
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`Choi and Omori and further in view of Aizawa (US 5572088)
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`Lausch in view of Choi and Omori teaches the invention set forth above (see rejection in
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`Claim 1 above).
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`Lausch in view of Choi and Omori is silent regarding a part of the projection is embedded
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`in the sintered electrode structure and the projection is in contact with the internal electrode.
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`In the same field of endeavor, Aizawa teaches the projection is embedded in the sintered
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`electrode structure and the projection is in contact with the internal electrode in order to avoid
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`malfunction by spattering (Fig.2).
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`Therefore, it would have been obvious to one of ordinary skill in the art, at the time the
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`invention was made, to use the configuration as disclosed by Aizawa, in the device of Lausch in
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`view of Choi and Omori in order to avoid malfunction by spattering.
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`Claim 7 is rejected under 35 U.S.C. 103(a) as being unpatentable over Lausch (US
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`4853596) ,Choi (US 6255764) , Omori (US 20050110393) and Aizawa (US 5572088) in view of
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`Harada (US 20010052755)
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`Regarding Claim 7, Lausch in view of Choi, Omori and Aizawa teaches the invention set
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`forth above (see rejection in Claim 1 above).
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`Lausch in view of Choi, Omori and Aizawa is silent regarding an external diameter of the
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`part of the projection embedded in the sintered electrode structure is smaller than an external
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`diameter of a part exposed outside the sintered electrode structure.
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`In the same field of endeavor, Harada teaches an external diameter of the part of the
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`projection 22a (Fig.2) embedded in the sintered electrode structure is smaller than an external
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`

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`Application/Control Number: 13/383,694
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`Page 7
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`Art Unit: 2875
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`diameter of a part exposed outside the sintered electrode structure in order to achieve better
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`heat dissipation ([0055]).
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`Therefore, it would have been obvious to one of ordinary skill in the art, at the time the
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`invention was made, to use the configuration as disclosed by Harada, in the device of Lausch in
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`view of Choi, Omori and Aizawa in order to achieve better heat dissipation.
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`Claim 8 is reiected under 35 U.S.C. 103(a) as being unpatentable over Lausch in view
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`of Choi and Omori and further in view of Nakaya (US 5998921)
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`Regarding Claim 8, Lausch in view of Choi and Omori teaches that the electrode is
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`sealed to one end of the glass bulb and a rod-shaped electrode (11, 12) is sealed to the other
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`end of the glass bulb, and wherein the inside of the glass bulb is filled with a gas (also see
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`rejection in Claim 1 above).
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`Lausch in view of Choi and Omori is silent regarding wherein a transparent trigger
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`electrode is provided on an entire outer circumferential surface of the glass bulb and wherein
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`the gas is a noble gas.
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`In the same field of endeavor, Nakaya teaches a transparent trigger electrode 6 is
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`provided on an entire outer circumferential surface of the glass bulb and wherein the gas is a
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`noble gas in order to achieve easier manufacturing process.
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`Therefore, it would have been obvious to one of ordinary skill in the art, at the time the
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`invention was made, to use the external electrode as disclosed by Nakaya, in the device of
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`Lausch in view of Choi and Omori in order to achieve easier manufacturing process.
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`Claim 9 is reiected under 35 U.S.C. 103(a) as being unpatentable over Lausch in view
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`of Choi and Omori and further in view of Ko (US 20010045795)
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`

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`Application/Control Number: 13/383,694
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`Page 8
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`Art Unit: 2875
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`Regarding Claim 9, Lausch in view of Choi and Omori teaches the invention set forth
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`above (see rejection in claim 1 above)
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`Lausch in view of Choi and Omori is silent regarding the high- melting-point metal is
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`selected from the group consisting of tungsten, molybdenum, tantalum and niobium.
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`However, since in the same field of endeavor of disclosure of various materials suitable
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`for electron emitters, Ko teaches a material such as either Nickel or a carbonate for emitter
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`material ([0015]), therefore particular type of material used to make the electrode, absent any
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`criticality, is only considered to be the use of a “ preferred ” or “ optimum ” material out of a
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`plurality of well-known materials that a person having ordinary skill in the art at the time the
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`invention was made would have find obvious to provide using routine experimentation based,
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`among other things, on the intended use of Applicant’s apparatus, i.e., suitability for the
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`intended use of Applicant’s apparatus since a selection of a material on the basis of suitability
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`for intended use of an apparatus would be entirely obvious as disclosed by K0.
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`Claims 16 and 17 are reiected under 35 U.S.C. 103(a) as being unpatentable over
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`Lausch in view of Choi and Omori and further in view of Nakagawa (US 20010019239)
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`Regarding Claims 16 and 17, Lausch in view of Choi and Omori teaches the invention
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`set forth above (see rejection in claim 1 above)
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`Lausch in view of Choi and Omori is silent regarding the sintered electrode structure has
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`holes therein (for claim 16) and wherein a porosity of the sintered electrode structure is 28 % to
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`36% by volume (for claim 17).
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`In the same field of endeavor, Nakagawa teaches an electrode wherein a porosity of the
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`sintered electrode structure is 28 % to 36% by volume in order to improve lifetime ([0023])
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`

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`Application/Control Number: 13/383,694
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`Page 9
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`Art Unit: 2875
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`Therefore, it would have been obvious to one of ordinary skill in the art, at the time the
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`invention was made, to use the porous electrode element as disclosed by Nakagawa, in the
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`device of Lausch in view of Choi and Omori in order to improve lifetime.
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`Claim 18 is reiected under 35 U.S.C. 103(a) as being unpatentable over Lausch (US
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`4853596) in view of in view of Choi (US 6255764) and Omori (US 20030104923) further in view
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`of Cho (US 4275330).
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`Regarding Claim 18, Lausch in view of Choi and Omori teaches the invention set forth
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`above (see rejection in claim 1 above)
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`Lausch in view of Choi and Omori is silent regarding the sintered electrode structure
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`includes cesium oxide.
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`In the same field of endeavor, Cho teaches an electrode wherein a porosity of the sintered
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`electrode structure is impregnated with cesium oxide in order to lower the work function (see
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`summary of invention).
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`Therefore, it would have been obvious to one of ordinary skill in the art, at the time the
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`invention was made, to use the cesium oxide as disclosed by Cho, in the device of Lausch in
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`view of Choi and Omori in order to lower the work function (see summary of invention).
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`Other Prior Art Cited
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`The prior art made of record and not relied upon is considered pertinent to applicant’s
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`disclosure: US 5606219 teaches sintered Cesium compound for the electrode material.
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`US 4275330, US 3573102, US 3467552, US 3350231 and US 5646483 use sintered
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`tantalum or niobium impregnated with cesium.
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`

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`Application/Control Number: 13/383,694
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`Page 10
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`Art Unit: 2875
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`Response to Arguments
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`The arguments filed by the Applicant on 10/17/14 is acknowledged, however it is not
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`found to be persuasive. Applicant argues that Omori does not teach the holes/holes diameter in
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`the sintered structure. The argument is not found to be persuasive because Omori teaches in
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`“[0019] Furthermore, the present inventors have found that when a niobium monoxide
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`sintered body prepared using a niobium monoxide powder having a wide hole
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`distribution and a plurality of pore diameter peak tops with all of the pore diameter peak
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`tops being 0.5 .mu.m or more is used for the capacitor electrode, a high capacitance
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`appearance ratio and at the same time, a low ESR can be attained”.
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`Further, other prior art that use sintered tantalum or niobium impregnated with cesium
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`that were cited previously and include US 4275330, US 3573102,US 3467552,US 3350231 m
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`Cho (US 4275330, please see reiection of claim 18).
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`