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 .
Response to Amendment
That the amendment to the claim languages has been fully considered and made of record. Claims 1-11, 13-14, 21-27 are now pending in that new claims 21-27 are added.
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 1, 8-11, 13-14, 21-23 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.
The newly added limitation” to invert polarization of the second piezoelectric layer relative to the first piezoelectric layer, such that” (claim 1, line 6-7) directed to the ADL process which does not further limit the claimed method, since no active method step existed in the phrase above.
Claims 8-11, 13-14, 21-23 also remain rejected as indefinite, so rendered by virtue of their dependency upon the indefinite subject matter of independent claim 1.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 8-11, 13-14, 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aligner et al (200500125678) in view of Moon et al (2011/0140579) or Nersessian (20140159713). This rejection is set forth from previous Action under section of 103.
As applied to new claim 21, regarding forming a third piezoelectric layer over the second piezoelectric layer, (see Figs. 2A, 4A of the Aligner et al which depicts the polarization configurations above).
As applied to claim 22, appears to be repeating process of claim 1 to further stack layers of same process (ADL). An ordinary having skill in the art at the effective filing date of the invention would have implement the same process as disclosed by Aligner et a/ Moon et al/ Nersessian in order to facilitate the forming of a multilayer piezoelectric layer without exercising any inventive skills.
As applied to claim 23, refer to the Aligner et al about " [0063, 0072] for the teaching of material associated with second piezoelectric layer includes scandium doped aluminum.
Response to Arguments
Applicant's arguments filed 6/10/26 have been fully considered but they are not persuasive. because the claimed method invention.
The 112:
Further, the amendment to claim 1 still raise 112 issues (see above).
The prior Art:
Applicant contends that “the teachings of Moon and Nersessian are unrelated to bulk acoustic wave devices that include more than one piezoelectric layer, let alone piezoelectric layers with polarity inversion. Thus, one of ordinary skill in the art would have found no reason to have applied teachings from Moon or Nersessian to the context of a bulk acoustic wave device that includes piezoelectric layers with polarity inversion” (see under the heading “Remarks”, pages 4, ¶ [0006] to page 5, ¶[0001]) has been carefully considered and not found to be persuasive because the combination prior art discloses the above method inventive features (e.g., forming a second piezoelectric layer over the first piezoelectric layer by atomic layer deposition to invert polarization of the second piezoelectric layer relative to the first piezoelectric layer, such that the second piezoelectric layer having has an opposite polarization relative to the first piezoelectric layer) for a same reason provided from the record. Applicant refers to (¶ [0003] of the Aligner reference for the field invention of BAW device in conjunction with Fig. 1A for the forming of multilayers piezoelectric layer and the process of ADL as modified by Moon et al (for ADL process of forming the second piezoelectric layer or piezoelectric layer 210 (see Fig. 3, and discussion in ¶ [0038], line 5) and/or Nersessian the forming of a piezoelectric layer which is formed via ALD (see Fig. 21; and discussed in ¶¶¶¶ [0133-0134, 0142-0143]). Therefore, the combination of the references set forth above teaches the claimed “forming a second piezoelectric layer over the first piezoelectric layer by atomic layer deposition”. The motivation for the combination can be obtained by either reference since they are in the same endeavor field invention (e.g., electrical piezoelectric devices layer). Note: the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Applicant's arguments do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Allowable Subject Matter
Claims 2-7, 24-27 are allowed.
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.
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/MINH N TRINH/Primary Examiner, Art Unit 3729
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