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 Arguments
Applicant’s arguments with respect to claim(s) 1 and 4-9 have been considered but are not persuasive.
Applicant argues:
However, in FIG. 21 of Satoh, only portions 44 are shown, while portions 71 is not illustrated, that is to say, it is unreasonable to directly modify the processes shown in FIG. 14 to FIG. 18 from a structure of FIG. 21, such as Figs. A, B, C and D illustrated by the Examiner. Therefore, the conclusion drawn by the Examiner is merely a hindsight of the Examiner after referring to the present application.
The examiner respectfully disagrees. Figs. 14-19 show the manufacturing of the sixth embodiment of Fig. 12 and 13. See [0206] and [00208]. Fig. 21 is drawn to a seventh embodiment, which “is a modified example of the shape of the center portion 32, and the other arrangements are the same as those of the above-mentioned sixth embodiment” (see [0220]). It is understood that, whereas the numbering is different, the parts are corresponding. Outer frame member 33 of Fig. 21 corresponds to frame member 6 in Fig. 13. Bridge 44 of Fig. 21 corresponds to bridge 7 in Fig. 13. Center portion 32 of Fig. 21 corresponds to center portion 56 of Fig. 13. See [0220]-[0222], and also see the description of the ninth embodiment, which lists in more detail the same parts numbers as with respect to Fig. 21. In Fig. 21, the portion [corresponding to] 71 is not illustrated for the same reason 71 is not illustrated in Fig. 13: As seen in Fig. 12, Fig. 13 is a cross-sectional view along line A-A, looking through empty space 71 toward the upper bridges 7. Bridges 7 are shown in Fig. 13 as not hashed, because the cross-section passes through empty space 71 and bridges 7 are visible. Similarly, in Fig. 21, bridges 44 are visible, and the empty space corresponding to empty space 71 is not numbered.
Applicant further argues:
Moreover, according to paragraph [0216] of Satoh, Satoh mentions that the main purpose is to form a quartz wafer 1 through an etching process of one time to prevent adverse effect occurring. Based on Satoh, a person having ordinary skill in the art has no motivation to adjust a double-sided etching technology of Satoh to a single-sided etching technology of the present application. Therefore, original claim 1 is non-obvious compared to Satoh.
The examiner respectfully disagrees. Rather, in discussing the prior art of Fig. 52, Sato explains that the resist mask layer RR is first patterned (Fig. 52(a)), to allow for a first etching step (Fig. 52(b) and [0005]). The remaining mask layer RR is then patterned again, to allow for a second etching step (Figs. 52(c) and 52(d); [0006]). The remaining portion of the same resist mask is then patterned once more, followed by etching (Figs. 52(e) and 52(f); [0007]). This is the type of multiple etching operations Sato seeks to avoid. In order to do so, Sato uses mask materials that have different etching rates, so that a single etching operation causes different etch depths, depending on which mask layers are covering parts of the quarts material. In Fig. 2, for example, the two mask layers R2 and R3 are first patterned as shown in Fig. 2(a). A single etching step then causes the part not covered by any mask to be etched, and for the portion of R2 not covered by R3 to also etch. By the time the uncovered portion of R2 is etched completely, the structure of Fig. 2(b) is obtained. The etching continues, and the structure of Figs. 2(c) is obtained. The bottom surface is unaffected, because it is covered with Au, which does not etch, nor do areas covered by R3 at the upper surface. In order to obtain the structure of Fig. 21, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious, using the techniques disclosed by Sato, that the bottom Au layer must be in place longer, to allow for partial etching of the upper surface, and to then pattern the Au layer on the bottom surface, to allow the bottom surface to finally be etched relative to the frame 33. If the patterning of the bottom layer is not delayed, then the bottom surface would be etched much more than to obtain the structure of Fig. 21.
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.
Claim(s) 1 and 4-9 are rejected under 35 U.S.C. 103 as being unpatentable over Satoh (US2003/0071542A1).
Satoh discloses the claimed invention as follows (refer to Figs. 12-19; limitations not disclosed by Satoh with respect to the embodiment of Figs. 12-19 are crossed out, below):
Claim 1. A manufacturing method of a piezoelectric vibration element, comprising:
providing a quartz wafer (1, Fig. 14(a); see [0208]), wherein the quartz wafer has a first surface (upper surface in Fig. 14(a)) and a second surface (lower surface in Fig. 14(a)) opposite to each other;
fully forming a first metal material layer (upper R in Fig. 14(a)) and a second metal material layer (lower R) on the first surface and the second surface, respectively (see [0209]);
fully forming a first photoresist1 material layer (positive resist film PR on the upper surface; see [0209]) and a second photoresist material layer (PR on the lower surface; see [0209]) on the first metal material layer and the second metal material layer, respectively;
performing an exposure and development process (see Fig. 14(b); it is readily apparent the resist PR was exposed and developed)
removing a portion of the first metal material layer by the first patterned photoresist layer to form a metal pattern (see Fig. 14(c) and [0209]);
removing the first patterned photoresist layer and the second photoresist material layer (see Fig. 14(d) and [0209]);
fully forming a third photoresist material layer (PR as discussed in [0210], formed on the upper surface; see also footnote 1) and a fourth photoresist material layer (PR as discussed in [0210], formed on the lower surface) on the metal pattern and the second metal material layer; and
performing an exposure and development processes (see Fig. 15(a); it is readily apparent the resist PR was exposed and developed) respectively on the third photoresist material layer and the fourth photoresist material layer to form a second patterned photoresist layer and a third patterned photoresist layer; and
removing a first portion of the quartz wafer according to the metal pattern and the second patterned photoresist layer to form a groove pattern (see Fig. 15(b)) extending from the first surface into the quartz wafer, wherein the second surface of the quartz wafer is completely covered by the second metal material during the removing of the first portion of the quarts wafer.
.
Claim 4. The manufacturing method of the piezoelectric vibration element according to claim 1, wherein after the groove pattern is formed, the method further comprising:
removing a portion of the metal pattern by the second patterned photoresist layer (see Fig. 15(c));
removing a portion of the second metal material layer by the third patterned photoresist layer (see Fig. 15(c)); and
Claim 5. The manufacturing method of the piezoelectric vibration element according to claim 4, wherein an element region (central portion if 1 in Fig. 15(c)), a support region (outer thicker portions of 1 in Fig. 15(c)), and a dividing region (thinner portions of 1 in Fig. 15(c)) are formed after the second portion of the quartz wafer is removed, and the dividing region is located between the element region and the support region.
Claim 6. The manufacturing method of the piezoelectric vibration element according to claim 5, wherein the second patterned photoresist layer (see Fig. 15(d)), the third patterned photoresist layer (see Fig. 15(d)), another portion of the metal pattern (see Fig. 16(b)), and another portion of the second metal material layer (see Fig. 16(b)) are removed after the element region, the support region, and the dividing region are formed.
Claim 7. The manufacturing method of the piezoelectric vibration element according to claim 5, wherein a support structure on the support region and the piezoelectric vibration element on the element region form an H-structure after the second portion of the quartz wafer is removed (see Fig. 18(b)).
Claim 8. The manufacturing method of the piezoelectric vibration element according to claim 1, wherein the piezoelectric vibration element is a flat sheet (see Fig. 15(c)).
Claim 9.
Satoh discloses the claimed invention except for the crossed-out limitations. In Figs. 12-19, Satoh discloses an embodiment in which the upper and lower surfaces of the quartz wafer 1 are patterned symmetrically. However, in Fig. 21, Satoh discloses an embodiment in which the upper surface is patterned more times than the lower surface. Considering the teachings of Satoh, one of ordinary skill in the art would have found the following process (Figs. A, B, C and D, below) obvious, as a process for obtaining the structure of Fig. 21.
Fig. A below shows the steps of Fig. 14, as modified for obtaining the structure of Fig. 21. Fig. A(a) shows the quartz wafer 1 with the two metal material layers R (each including a Cr layer and an Au layer). In Fig. A(b), only the upper PR layer is patterned, whereas the lower PR layer protects the lower metal material. In Fig. A(c), the first patterned PR layer is used as an etching mask and the first metal material layer is patterned. In Fig. A(d) the two PR layers are removed.
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Fig. B below shows the steps of Fig. 15, as modified for obtaining the structure of Fig. 21. In Fig. B(a), a third and fourth PR layer (upper and lower PR layers, respectively) are formed and patterned. In Fig. B(b), the portion of the quartz wafer not protected by PR or Au is etched to form a groove. In Fig. B(c), the third and fourth PR layers are used as masks for removing a further part of the first metal material and a part of the second metal material. In Fig. B(d) the PR layers are removed.
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Negative-type resist NR is then used in the same manner as shown in Fig. 16 to remove the portions of Au not covered by NR, obtaining a structure as in Fig. C.
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Because the structure of Fig. 21 does not have as many steps formed in upper surface of the quartz wafer as in the embodiment of Fig. 18(b), the steps of Fig. 17 are not necessary. Etching is then performed, whereby the exposed quartz is exposed faster than the exposed chromium, resulting in a structure as shown in Fig. D, below (corresponding to the transition between Fig. 17(c) and 18(a)).
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Removing the remaining Au and Cr material (corresponding to Fig. 18(b) results in the structure of Fig. 21. Portions 44 are bridges corresponding to bridges 7 of Figs. 12 and 13.
Whereas Satoh does not explicitly disclose the process of manufacturing the structure of Fig. 21, it is deemed one of ordinary skill in the art before the effective filing date of the claimed invention would have found obvious which steps of those of Figs. 14 to 18 to utilize and in what manner to modify these steps to achieve the structure of Fig. 21, and would have found such modifications to correspond to the steps described above with respect to figures A through D.
Regarding the PR layers, if Applicant disagrees positive-type resist is necessarily positive-type photoresist, Satoh discloses the use of a photoresist as a positive type photoresist. For example, In Fig. 40 (c), a positive-type photoresist layer 31 is formed over a metal layer 15 on a quartz substrate 1A, the photoresist is exposed and developed to form a patterned photoresist layer as shown in Fig. 40(d). See [0041].
Since it is known to use positive-type photoresist as a positive-type resist, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to use such a photoresist for the PR layers of the modified process discussed above, patterned by exposing and developing as claimed, as a matter of selecting among known types of positive-type resists, with predictable results.
The modified process reads on claims 1 and 3-8 as follows:
Claim 1. A manufacturing method of a piezoelectric vibration element, comprising:
providing a quartz wafer (1, Fig. A(a)), wherein the quartz wafer has a first surface (upper surface) and a second surface (lower surface) opposite to each other;
fully forming a first metal material layer (upper R, in Fig. A(a)) and a second metal material layer (lower R) on the first surface and the second surface, respectively (see Fig. A(a));
fully forming a first photoresist material layer (upper PR) and a second photoresist material layer (lower PR) on the first metal material layer and the second metal material layer, respectively and performing an exposure and development process only on the first photoresist material layer to form a first patterned photoresist layer (see Fig. A(b));
removing a portion of the first metal material layer by the first patterned photoresist layer to form a metal pattern (see Fig. A(c));
removing the first patterned photoresist layer and the second photoresist material layer (see Fig. A(d));
fully forming a third photoresist material layer (upper PR in Fig. B(a)) and a fourth photoresist material layer (lower PR in Fig. B(a)) on the metal pattern and the second metal material layer, and performing an exposure and development processes respectively on the third photoresist material layer and the fourth photoresist material layer to form a second patterned photoresist layer and a third patterned photoresist layer (see Fig. B(a)); and
removing a first portion of the quartz wafer according to the metal pattern and the second patterned photoresist layer to form a groove pattern (see Fig. B(b)) extending from the first surface into the quartz wafer, wherein the second surface of the quartz wafer is completely covered by the second metal material during the removing of the first portion of the quarts wafer.
Claim 4. The manufacturing method of the piezoelectric vibration element according to claim 1, wherein after the groove pattern is formed, the method further comprising:
removing a portion of the metal pattern by the second patterned photoresist layer (see Fig. B(c));
removing a portion of the second metal material layer by the third patterned photoresist layer (see Fig. B(c)); and
removing a second portion of the quartz wafer, such that the plurality (see rejection under 35 U.S.C. 112(b)) of groove patterns are extended and penetrated through the second surface (see Fig. D).
Claim 5. The manufacturing method of the piezoelectric vibration element according to claim 4, wherein an element region (central thicker region in Fig. B(c)), a support region (lateral thicker regions in Fig. B(c)), and a dividing region (thinner portions in Fig. B(c)) are formed after the second portion of the quartz wafer is removed, and the dividing region is located between the element region and the support region.
Claim 6. The manufacturing method of the piezoelectric vibration element according to claim 5, wherein the second patterned photoresist layer, the third patterned photoresist layer, another portion of the metal pattern, and another portion of the second metal material layer are removed after the element region, the support region, and the dividing region are formed. See Fig. B(d) for the removal of the photoresist layers, and Fig. C for the removal of the further portions of the metal patter and second metal material.
Claim 7. The manufacturing method of the piezoelectric vibration element according to claim 5, wherein a support structure on the support region and the piezoelectric vibration element on the element region form an H-structure after the second portion of the quartz wafer is removed. See Fig. 21. The structure is generally H-shaped.
Claim 8. The manufacturing method of the piezoelectric vibration element according to claim 1, wherein the piezoelectric vibration element (portion 21) is a flat sheet (see Fig. 21).
Regarding claim 9, Satoh discloses a first embodiment, in Fig. 1, in which the vibration area 21 has a thickness of approximately 3 µm, and the support area 3 has a thickness of approximately 10 µm. See [0161]. In view of this embodiment of Satoh, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to make the piezoelectric vibration element of Fig. 21 of similar size as disclosed for the embodiment of Fig. 1, e.g., with support region 33 of about 10 µm in thickness.
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 LIVIUS R CAZAN whose telephone number is (571)272-8032. The examiner can normally be reached Monday - Friday noon-8:30 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hong can be reached at 571-272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LIVIUS R. CAZAN/Primary Examiner, Art Unit 3729
1 One of ordinary skill in the art understands “resist film PR of a positive-working type” is understood to refer to a positive photoresist.