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 .
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) 16-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2015/0054101 A1 (Reinmuth).
Re claim 16, Reinmuth teaches a method for manufacturing a micromechanical sensor (micromechanical component 1), comprising the following steps:
applying a first oxide sacrificial layer (first sub-layer 62 is an oxide [0042] Fig. 4) onto a substrate (substrate 10);
removing material of the substrate through openings in the first oxide sacrificial layer (Fig. 6 [0042]);
closing the openings in the first oxide sacrificial layer by applying a second oxide sacrificial layer (second sub-layer 66 is an oxide Fig. 6 [0043]);
forming a sensing area (sensing area of functional layer 300) on a carrier structure (cap wafer 40 bonded to functional layer 300), the sensing area and the carrier structure being formed on the first and second oxide sacrificial layers and the sensing area and/or the carrier structure being connected to the substrate via at least one attachment area (see annotated Fig. 16 below), which forms a flexible structure (movable structure [0037-0044]); and
at least partially removing the first and second oxide sacrificial layers between the carrier structure and the substrate using an etching process (Fig. 15 [0044]).
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Re claim 17, Reinmuth teaches wherein trenches and/or trench structures are formed in the substrate for removing the first sand second oxide sacrificial layers between the carrier structure and the substrate (Fig. 15 [0044]).
Re claim 18, Reinmuth teaches wherein support structures in the form of the trenches and/or the trench structures in the substrate are filled with the first oxide sacrificial layer and serve as support for the carrier structure in further steps of the manufacturing method (Figs. 3-16)
Re claim 19, Reinmuth teaches wherein the etching process for producing the trenches and/or the trench structures as etching channels and/or the support structures for supporting a carrier structure in the substrate is an isotropic or anisotropic process ([0042]).
Re claim 20, Reinmuth teaches wherein to form the trenches, a partial removal of the substrate takes place below the first oxide sacrificial layer through openings in the first oxide sacrificial layer, and the openings in the first oxide sacrificial layer are closed by applying the second oxide sacrificial layer (Figs. 3-7).
Re claim 21, Reinmuth teaches wherein nubs are formed at the carrier structure oriented toward the substrate and/or nubs are formed at the substrate oriented toward the carrier structure (see annotated Fig. 16).
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Re claim 22, Reinmuth teaches wherein pillars are formed on the carrier structure oriented toward the substrate (see annotated Fig. 16).
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Re claim 23, Reinmuth teaches wherein the pillars are formed connected to the substrate or spaced apart from the substrate (spaced apart vertically see annotated Fig. 16).
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Re claim 24, Reinmuth teaches wherein a first polysilicon layer (first polysilicon layer 300’ Fig. 10 [0043]) having a defined layer thickness is formed on the first and second oxide sacrificial layers.
Re claim 25, Reinmuth teaches wherein a second polysilicon layer (functional layer 300 is polysilicon [0043]) having a defined layer thickness is formed as the carrier structure on the first polysilicon layer.
Re claim 26, Reinmuth teaches wherein an etch-resistant layer is formed at a side of the first polysilicon layer oriented toward the substrate (oxide material is formed between polysilicon layer 300’ and the substrate, as the oxide is a different material from the polysilicon it is etch resistant compared etchants specifically designed to etch silicon).
Re claim 27, Reinmuth teaches wherein the attachment area of the carrier structure to the substrate is formed at least partially and/or in sections in a monocrystalline manner (attachment area comprises portions of functional layer 300 which can be either single crystal silicon or polysilicon [0014]).
Re claim 28, Reinmuth teaches wherein the attachment area of the carrier structure to the substrate is formed in a polycrystalline manner (attachment area comprises portions of functional layer 300 which can be either single crystal silicon or polysilicon [0014]).
Allowable Subject Matter
Claim 29 is allowed.
Response to Arguments
Applicant's arguments filed 12/22/2025 have been fully considered but they are not persuasive. Applicant argues that cap wafer 40 of Reinmuth is not formed on the sacrificial oxide layers because the cap wafer 40 is bonded to the MEMS structure. However, Applicant has not defined “formed” in such as to exclude bonding a feature and therefore the argument is unpersuasive. If Applicant believes that the novelty in the invention lies in the specific manufacturing process that is narrower in scope then this should be claimed. Additionally, Applicant argues that the cap wafer 40 is bonded after removal of the sacrificial oxide layers. However, it is clear in the evolution of the method from Fig. 4 (where first sacrificial oxide layer 62 is blanket deposited on the substrate) to Fig. 7 (where the second sacrificial oxide layer 66 is blanket deposited on the first sacrificial oxide layer 62) to Fig. 15 (where some of the first and second sacrificial oxide layers are removed but leaving behind peripheral portions) to Fig. 16 (where the cap wafer is formed on the MEMs structure) that the cap wafer is formed on these remaining peripheral portions of the sacrificial oxide layers. Applicant further argues that the cap wafer is rigidly bonded to the structure and therefore does not form a flexible structure. However, the claim requires that the sensing area and/or carrier structure forms a flexible structure and rejection relies on the sensing area which is attached to the peripheral portions of the leftover sacrificial layers as a teaching of forming a flexible structure as 300 comprises movable spring arrangement 30 portions. If Applicant believes that the novelty of the invention lies is the flexibility of the carrier structure being flexible then this should be claimed.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIGITTE A PATERSON whose telephone number is (571)272-1752. The examiner can normally be reached Monday-Friday 9:00AM-5:00PM.
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BRIGITTE A. PATERSON
Primary Examiner
Art Unit 2896
/BRIGITTE A PATERSON/Primary Examiner, Art Unit 2896
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