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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONF {MATION NO.
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`13/056,813
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`01/31/2011
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`Rei Goto
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`MAT—10437US
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`6942
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`EXAMINER
`RATNERPRESTIA —
`08’1”“ —
`7590
`52473
`PO BOX 980
`SAN MARTIN, IAYDI A
`VALLEY FORGE, PA 19482-0980
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`PAPER NUMBER
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`ART UNIT
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`2837
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`NOT *ICATION DATE
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`DELIVERY MODE
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`08/13/2013
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`ptocorrespondence @ratnerprestia.c0m
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`PTOL—90A (Rev. 04/07)
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`

`

`
`
`Applicant(s)
`Application No.
` 13/056,813 GOTO ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office ACtion summary
`
`
`JAYDI SAN MARTIN it?“ 2837
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event however may a reply be timely filed
`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).
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`-
`-
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`Status
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`1)IXI Responsive to communication(s) filed on 31 January 2011.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)lX| This action is non-final.
`a)I:| 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.
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`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
`5)|XI Claim(s) L6is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s) _ is/are allowed.
`7)IZ| CIaim(s)_1-6is/are rejected.
`8)I:I Claim(s) _ is/are objected to.
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`9)|:l Claim((s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`hit ://\va.usnto. ov/ atents/init events"
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`
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`h/index.‘s or send an inquiry to PF"I-Ifeedback{<‘bLIsr).to.qov.
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`Application Papers
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`10)I:I The specification is objected to by the Examiner.
`11)|:I 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).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
`12)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`b)I:I Some * c)I:I None of the:
`a)le All
`1.|ZI Certified copies of the priority documents have been received.
`2.|:| Certified copies of the priority documents have been received in Application No.
`3.|:I 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.
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`Attachment(s)
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`1) D Notice of References Cited (PTO-892)
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`3) I] Interview Summary (PTO-413)
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`Paper NOISyMa” Date —
`PTO/SB/08
`t
`St t
`I
`D'
`t'
`f
`2 IXI I
`)
`4) I:I Other:
`a emen (s)(
`Isc osure
`n orma Ion
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`Paper No(s)/Mai| Date 1/31/2011.
`US. Patent and Trademark Office
`PTOL-326 (Rev. 05-13)
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`Part of Paper No./Mai| Date 20130729
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`Office Action Summary
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`

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`Application/Control Number: 13/056,813
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`Page 2
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`Art Unit: 2837
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`DETAILED ACTION
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`Specification
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`1.
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`The specification has not been checked to the extent necessary to determine the presence
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`of all possible minor errors. Applicant's cooperation is requested in correcting any errors of
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`which applicant may become aware in the specification.
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`2.
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`The title of the invention is not descriptive. A new title is required that is clearly
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`indicative of the invention to which the claims are directed.
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`Claim Rejections - 35 USC § 102
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`3.
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`The following is a quotation of the appropriate paragraphs of 35 USC. 102 that form the
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`basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless i
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`(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on
`sale in this country, more than one year prior to the date of application for patent in the United States.
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`4.
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`Claims l—2 and 6 are rejected under 35 USC. 102(b) as being anticipated by Kando
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`(WO2006/l 14930, US20090115287).
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`0
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`Regarding claim 1, Kando discloses an elastic wave device (10) comprising: a
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`piezoelectric substrate (ll, made of LN); an IDT electrode (14) disposed on the piezoelectric
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`substrate; a first dielectric layer (13, made of silicon oxide) disposed on the piezoelectric
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`substrate, the first dielectric layer covering the IDT electrode; and a second dielectric layer (12,
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`made of silicon nitride) disposed over the first dielectric layer, the second dielectric layer
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`propagating a transverse wave faster than a speed of a transverse wave propagating on the first
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`dielectric layer; wherein a film thickness of the second dielectric layer is more than 0.8 times as
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`

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`Application/Control Number: 13/056,813
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`Page 3
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`Art Unit: 2837
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`large as wavelength 7t of SH wave excited by the IDT electrode; and a cut angle of the
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`piezoelectric substrate in indication of Euler angles (cl), 6 and (p ) is (I), 6 and (p750, 6750 and (p750.
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`0
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`Regarding claim 2, the limitation of the cut angle of the piezoelectric substrate being a
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`value that makes an absolute value of a power flow angle of the SH wave excited by the IDT
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`electrode to be less than 03°, and makes an absolute value of a power flow angle of the Stoneley
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`wave excited by the IDT electrode to be not less than 0.30 is not a structural limitation and
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`therefore given little patentable weight.
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`0
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`Regarding claim 6, Kando anticipates the invention.
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`Claim Rejections - 35 USC § 103
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`5.
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`The following is a quotation of pre—AIA 35 USC. 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 3—5 are rejected under 35 USC. 103(a) as being unpatentable over Kando.
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`Regarding claims 3—5, Kando discloses the claimed invention as explained above, but
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`6.
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`0
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`fails to disclose the specific Euler angles as claimed. The specific Euler angles are known for use
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`with acoustic wave devices. Selection from among known suitable materials has long been held
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`to be within the skill expected of the routineer and then obvious to one with ordinary skill in the
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`art. Kando discloses the use of different LN substrates to obtain a device that can efficiently trap
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`the vibrational energy of the acoustic waves to have low propagation loss and high
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`electromechanical coupling coefficient.
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`

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`Application/Control Number: 13/056,813
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`Page 4
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`Art Unit: 2837
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`Conclusion
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`7.
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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. See PTO—892.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to J. San Martin Whose telephone number is 571—272—2018. The
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`examiner can normally be reached on M—Th 9—7.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Lincoln Donovan can be reached on 571—272—1988. The fax phone number for the
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`organization Where this application or proceeding is assigned is 571—273—8300.
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`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
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`like assistance from a USPTO Customer Service Representative or access to the automated
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`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
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`August 6, 2013
`
`/Jaydi San Martin/
`Primary Examiner
`Art Unit 2837
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`