www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/756,542
`
`05/26/2022
`
`NAOKI UMAHASHI
`
`083710-3764
`
`8099
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`FERGUSON,DION
`
`2848
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/08/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime 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):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-15 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C) Claim(s)__ is/are allowed.
`Claim(s) 1-8,10-12 and 14-15 is/are rejected.
`Claim(s) 9and13 is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`S)
`“If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)2) The specification is objected to by the Examiner.
`11) The drawing(s) filed on 26 May 2022is/are: a)(¥) accepted or b)(] 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)[¥] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a) All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.4 Copies of the certified copies of the priority documents have been receivedin this National Stage
`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)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230502
`
`Application No.
`Applicant(s)
`47/756 ,542
`UMAHASH etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`DION R FERGUSON
`2848
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s)filed on 26 May 2022.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/756,542
`Art Unit: 2848
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 102
`
`2.
`
`In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102
`
`and 103 (or as subject to pre-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
`
`basis (i.e., changing from AIA to pre-AlA) for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same
`
`under either status.
`
`3.
`
`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.
`
`4.
`
`Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sakai et al. (US
`
`6,430,032).
`
`5.
`
`With respect to claim 1, Sakai discloses an electrolytic capacitor comprising at least one
`
`capacitor element (see FIG. 3, element 9), the at least one capacitor element including: an anode body
`
`having a sheet shape (see FIG. 3, element 1), the anode bodyincluding an anode lead portion (see FIG.
`
`3, the portion extending past barrier 3), and a cathode forming portion (see FIG. 3, the layers 4); a
`
`dielectric layer disposed on at least a surface of the cathode forming portion of the anode body (see FIG.
`
`3, element 2); and a cathode part covering at least a part of the dielectric layer (see FIG. 3, element4,
`
`disposed on element 2), wherein: the anode body includesa first end and a second end (see FIG. 2, the
`
`portion to the right of barrier 3 and the portion to the left of barrier 3), the anode lead portion includes
`
`

`

`Application/Control Number: 17/756,542
`Art Unit: 2848
`
`Page 3
`
`the first end (see FIG. 3), the cathode forming portion includes the second end (see FIG. 2), the cathode
`
`part includesa solid electrolyte layer (see FIG. 2 and col. 15, lines 42-57) containing a conductive
`
`polymer(see col. 15, lines 42-57), the solid electrolyte layer covering at least a part of the dielectric
`
`layer (see FIG. 2), and a ratio T1/T2 of a thickness T1 of the solid electrolyte layer formed at a corner
`
`portion of the anode body to a thickness T2 of the solid electrolyte layer formed at a center portion of a
`
`principal surface of the anode bodyis in a range from 0.8 to 1.7, inclusive, in a cross section of the at
`
`least one capacitor element at an arbitrary position in a first end side portion of the cathode part, the
`
`cross section being perpendicular to a direction directed from the first end to the second end (see FIG.
`
`2, thicknesses H1 and H2, and col. 15, lines 53-57, noting an H1 of 260 um and an H2 of 210 um; H1/H2
`
`= 1.24).
`
`6.
`
`With respect to claim 2, Sakai discloses that the ratio T1/T2 is in a range from 0.9 to 1.5,
`
`inclusive. See FIG. 2, thicknesses H1 and H2, and col. 15,lines 53-57, noting an H1 of 260 um and an H2
`
`of 210 um; H1/H2 = 1.24.
`
`7.
`
`With respect to claim 3, Sakai discloses that the ratio T1/T2 is greater than 1. See FIG. 2,
`
`thicknesses H1 and H2, and col. 15, lines 53-57, noting an H1 of 260 um and an H2 of 210 um; H1/H2 =
`
`1.24.
`
`8.
`
`Claims 11, 12, 14, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
`
`Takahashi etal. (US Pat. App. Pub. No. 2015/0044615).
`
`9.
`
`With respect to claim 11, Takahashi discloses a method for producing an electrolytic capacitor,
`
`the method comprising: a first step of preparing an anode body (see paragraph [0029]); a second step of
`
`forming a dielectric layer on a surface of the anode body (see paragraph [0029]); a third step of treating
`
`the anode bodywitha first treatment solution that contains a first conductive polymer or a precursor of
`
`the first conductive polymer, the anode body having the dielectric layer (see paragraphs [0029] and
`
`[0030]); a fourth step of treating the anode body with a second treatmentsolution containing a surface
`
`

`

`Application/Control Number: 17/756,542
`Art Unit: 2848
`
`Page 4
`
`conditioner, the anode body being already treated by the first treatment solution (see paragraph
`
`[0032]); and a fifth step of treating the anode body with a third treatment solution containing a second
`
`conductive polymer, the anode bodybeing already treated by the second treatmentsolution (see
`
`paragraph [0036)).
`
`10.
`
`With respect to claim 12, Takahashi discloses that the surface conditioner includes at least one
`
`surfactant selected from the group consisting of a nonionic surfactant, a cationic surfactant, an anionic
`
`surfactant, and an amphoteric surfactant. See paragraph [0032].
`
`11.
`
`With respect to claim 14, Takahashi discloses that a content proportion of the surface
`
`conditioner in the second treatmentsolution is in a range from 0.01% by mass to 5% by mass,inclusive.
`
`See paragraph [0050], noting an amine amountof 5%.
`
`12.
`
`With respect to claim 15, Takahashi discloses that the third treatment solution further contains
`
`a water-soluble polymer. See paragraph [0037].
`
`Claim Rejections - 35 USC § 103
`
`13.
`
`In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102
`
`and 103 (or as subject to pre-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
`
`basis (i.e., changing from AIA to pre-AlA) for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same
`
`under either status.
`
`14.
`
`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.
`
`

`

`Application/Control Number: 17/756,542
`Art Unit: 2848
`
`Page 5
`
`15.
`
`The factual inquiries for establishing a background for determining obviousness under 35 U.S.C.
`
`103 are summarized as follows:
`
`1. Determining the scope and contentsofthe prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating obviousness or
`
`nonobviousness.
`
`16.
`
`This application currently namesjoint inventors. In considering patentability of the claims the
`
`examiner presumesthat the subject matter of the various claims was commonly ownedas 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 effectivefiling dates of each claim that
`
`was not commonly ownedas 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.
`
`17.
`
`Claims 4-6, 8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Sakaietal.
`
`(US 6,430,032) in view of Takahashiet al. (US Pat. App. Pub. No. 2015/0044615).
`
`18.
`
`With respect to claim 4, Sakai fails to explicitly teach that the solid electrolyte layer further
`
`contains water-soluble polymer.
`
`19.
`
`Takahashi, on the other hand, teachesthat the solid electrolyte layer further contains water-
`
`soluble polymer. See paragraphs [0036]-[0037], which teaches a second solid electrolyte layer formed
`
`of a water-soluble polymer. Such an arrangementresults in a capacitor having a high tolerance to
`
`externally-exerted heat and stresses with excellent reliability. See paragraph [0022].
`
`

`

`Application/Control Number: 17/756,542
`Art Unit: 2848
`
`Page 6
`
`20.
`
`Accordingly, it would have been obvious to one of ordinaryskill in the art, at the time of
`
`application, to modify Sakai, as taught by Takahashi, in order to produce a capacitor having a high
`
`tolerance to externally-exerted heat and stresses with excellent reliability.
`
`21.
`
`With respect to claim 5, Sakai teaches that the solid electrolyte layer includes: a first layer that
`
`contains a first conductive polymer, the first layer covering at least a part of the dielectric layer (see FIG.
`
`2 and col. 4, lines 21-29), but fails to teach a second layer that contains a second conductive polymer,
`
`the second layer covering at least a part of the first layer; and at least one continuous or discontinuous
`
`layer disposed between the first layer and the second layer, and the at least one continuous layer or the
`
`discontinuous layer contains a surface conditioner.
`
`22.
`
`Takahashi, on the other hand, teaches that a second layer that contains a second conductive
`
`polymer, the second layer covering at least a part of the first layer; and at least one continuous or
`
`discontinuous layer disposed between the first layer and the second layer, and the at least one
`
`continuous layer or the discontinuous layer contains a surface conditioner. See paragraphs [0032],
`
`citing a continuous/discontinuous amine layer, and [0037], citing a second conductive polymer layer.
`
`Such an arrangement results in a capacitor having a high tolerance to externally-exerted heat and
`
`stresses with excellent reliability. See paragraph [0022].
`
`23.
`
`Accordingly, it would have been obvious to one of ordinaryskill in the art, at the time of
`
`application, to modify Sakai, as taught by Takahashi, in order to produce a capacitor having a high
`
`tolerance to externally-exerted heat and stresses with excellent reliability.
`
`24.
`
`With respect to claim 6, Sakai teaches that the solid electrolyte layer includes: a first layer that
`
`contains a first conductive polymer, the first layer covering at least a part of the dielectric layer (see FIG.
`
`2 and col. 4, lines 21-29), but fails to teach a second layer that contains a second conductive polymer,
`
`the second layer covering at least a part of the first layer; and at least one continuous or discontinuous
`
`layer disposed between the first layer and the second layer, the at least one continuous layer or the
`
`

`

`Application/Control Number: 17/756,542
`Art Unit: 2848
`
`Page 7
`
`discontinuous layer contains a surface conditioner, and at least the second layer contains the water-
`
`soluble polymer.
`
`25.
`
`Takahashi, on the other hand, teaches that a second layer that contains a second conductive
`
`polymer, the second layer covering at least a part of the first layer; and at least one continuous or
`
`discontinuous layer disposed between the first layer and the second layer, and the at least one
`
`continuous layer or the discontinuous layer contains a surface conditioner, and at least the second layer
`
`contains the water-soluble polymer. See paragraphs [0032], citing a continuous/discontinuous amine
`
`layer, and [0037], citing a second conductive polymerlayer which is water-soluble. Such an
`
`arrangementresults in a capacitor having a high tolerance to externally-exerted heat and stresses with
`
`excellent reliability. See paragraph [0022].
`
`26.
`
`Accordingly, it would have been obvious to one of ordinaryskill in the art, at the time of
`
`application, to modify Sakai, as taught by Takahashi, in order to produce a capacitor having a high
`
`tolerance to externally-exerted heat and stresses with excellent reliability.
`
`27.
`
`With respect to claim 8, the combined teachings of Sakai and Takahashi teach that the surface
`
`conditioner includesat least one kind of surfactant selected from the group consisting of a nonionic
`
`surfactant, a cationic surfactant, an anionic surfactant, and an amphoteric surfactant. See Takahashi,
`
`paragraph [0032].
`
`28.
`
`With respect to claim 10, the combined teachings of Sakai and Takahashi teach that a content
`
`proportion of the surface conditioner in the at least one continuous or discontinuous layer is in a range
`
`from 0.01% by mass to 30% by mass, inclusive. See Takahashi, paragraph [0050], citing an amine
`
`amount of 5%.
`
`29.
`
`Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Sakai et al. (US 6,430,032)
`
`in view of Takahashiet al. (US Pat. App. Pub. No. 2015/0044615), and further, in view of Naito etal.
`
`(US Pat. App. Pub. No. 2015/0183925).
`
`

`

`Application/Control Number: 17/756,542
`Art Unit: 2848
`
`Page 8
`
`30.
`
`With respect to claim 7, the combined teachings of Sakai and Takahashi fail to teach that a
`
`content proportion of the water-soluble polymerin the solid electrolyte layer is in a range from 25% by
`
`mass to 70% by mass,inclusive.
`
`31.
`
`Naito, on the other hand, teaches a content proportion of the water-soluble polymer in the solid
`
`electrolyte layer is in a range from 25% by mass to 70% by mass, inclusive. See paragraph [0036], noting
`
`a mass amountof 100 parts by mass of polymer and 150 to 200 parts by mass of dopant, meaning a
`
`mass percent of 33% to 40% of water-soluble polymer. Such an arrangementresults in a reduction in
`
`ESL. See paragraph [0023].
`
`32.
`
`Accordingly, it would have been obvious to one of ordinaryskill in the art, at the time of
`
`application, to modify the combined teachings of Sakai and Takahashi, as taught by Naito, in order to
`
`reduce the ESL of the capacitor.
`
`Allowable Subject Matter
`
`33.
`
`Claims 9 and 13 are objected to as being dependent upon a rejected base claim, but would be
`
`allowable if rewritten in independent form includingall of the limitations of the base claim and any
`
`intervening claims.
`
`34.
`
`The following is a statement of reasons for the indication of allowable subject matter: claim 9
`
`and 13 are allowable as the prior art fails to teach, or fairly suggest, the combination of surfactants and
`
`agents in the continuous/discontinuous layer, when taken in conjunction with limitations of claims 1 and
`
`11, respectively.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to DION R FERGUSON whosetelephone number is (571)270-7566. The examiner can
`
`normally be reached Monday-Friday, 5:30 a.m. - 4:00 p.m..
`
`

`

`Application/Control Number: 17/756,542
`Art Unit: 2848
`
`Page 9
`
`Examiner interviewsare 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,
`
`Timothy Dole can be reached on 571-272-2229. The fax phone number for the organization where this
`
`application or proceedingis 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 aboutfiling 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.
`
`/DION R. FERGUSON/
`Primary Examiner, Art Unit 2848
`
`