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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 23 June 2026 has been entered.
Claim Rejections - 35 USC § 102
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-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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.
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (PG Pub 20200373901).
Considering claim 1, Liu (Figure 1) teaches bulk acoustic wave resonator having a central region (150 + paragraph 0036), a first outer region (area between 140 and 160), and a first raised frame region (160 + (left side) paragraph 0036) between the central region and the first outer region, a second outer region (area between 145 and 160), and a second raised frame region (160 (right side) + paragraph 0036) between the central region and the second outer region the bulk acoustic resonator comprising: a piezoelectric layer (115 + paragraph 0035); a top electrode (120 + paragraph 0035) over the piezoelectric layer, the top electrode disposed at least in the central region, the outer region, and the first raised frame region (160 + (left side) paragraph 0036) and the second raised frame region (160 + (right side) paragraph 0036), the top electrode (120 + paragraph 0035) having a constant width in the central region extending from the first raised frame region to the second raised frame region and configured such that a resonant frequency in the outer region is higher than a resonant frequency in the central region (paragraph 0036).
Considering claim 2, Liu (Figure 1) teaches wherein a resonant frequency in the raised frame region is lower than the resonant frequencies in the central region and the outer region (paragraphs 0036-0037).
Considering claim 3, Liu (Figure 1) teaches wherein a thickness of the top electrode (120 + paragraph 0035) in the raised frame region (160 + paragraph 0036) is greater than a thickness of the top electrode in the central region (150 + paragraph 0036) and a thickness of the top electrode in the outer region.
Considering claim 4, Liu (Figure 1) teaches wherein a dielectric layer (130 + paragraph 0035) that varies in width over at least a portion of the top electrode having a constant width in the central region.
Considering claim 5, Liu (Figure 1) teaches wherein materials of the top electrode include at least one of molybdenum (Mo0, tungsten (W), platinum (Pt), ruthenium (Ru) (120 + paragraph 0035), iridium (Ir) or osmium (Os).
Considering claim 6, Liu (Figure 1) teaches a bottom electrode (125 + paragraph 0035) disposed such that the piezoelectric layer (115 + paragraph 0035) is positioned between the top electrode and the bottom electrode, wherein an end of the bottom electrode where the bottom electrode terminates is positioned in the raised frame region or the outer region.
Claim Rejections - 35 USC § 103
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.
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 contents of the 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as 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 effective filing dates of each claim that was not commonly owned as 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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (PG Pub 20200373901).
Considering claim 7, Liu discloses wherein the end of the bottom electrode is positioned between the raised frame region and the outer region except for wherein the bottom electrode is positioned within 1 microns from an intersection between the raised frame region and the outer region. It would have been obvious to one of ordinary skill in the art at the time the invention was made to have the bottom electrode is positioned within 1 microns from an intersection between the raised frame region and the outer region, since it has been held that where the general conditions of a claim are disclosed in the prior art , discovering the optimum where the general conditions of a claim are disclosed in the prior art discovering the optimum or working ranges involves only routine skill in the art.
Considering claim 8, Liu (Figure 1) teaches the bulk acoustic wave resonator is a mesa type bulk acoustic wave resonator and further comprising: a substrate (110 + paragraph 0034) and an air cavity (135 + paragraph 0034) disposed between the substrate and the bottom electrode.
Allowable Subject Matter
Claims 9-20 are allowed. Considering claim 9, the prior art does not teach the applicant’s claimed limitations for the reasons cited in the previous office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN P GORDON whose telephone number is (571)272-5394. The examiner can normally be reached M-F 8 a.m. - 4:30 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei K Hammond can be reached at 571-270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRYAN P GORDON/Primary Examiner, Art Unit 2837
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