DETAILED ACTIONNotice 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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/26/2025 has been entered.
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.
Claims 1-3 and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iwai (US 8,156,621 B2).
Regarding claim 1, Iwai discloses a method of manufacturing a vibration element (20) including a first vibration arm (left one of 21) and a second vibration arm (right one of 21) extending along a first direction (fig. 1a: Y direction) and arranged side by side along a second direction (fig. 1a: X direction) intersecting the first direction, the first vibration arm and the second vibration arm each having a first surface (fig. 1j: top) and a second surface (fig. 1j: bottom) in a front and back relationship that are arranged side by side in a third direction (figs. 1b-1j: Z direction) intersecting the first direction and the second direction, and a bottomed groove (top one of 27) opening to the first surface (figs. 1a and 1b; col. 5, lines 10-32), and electrodes (23, 25) provided on each of the first vibration arm and the second vibration arm that through application of a drive signal thereto [are capable to] cause the first vibration arm and the second vibration arm to vibrate (cols. 5-6, lines 58-63; col. 9, lines 43-50), the method comprising: providing a crystal substrate having a first substrate surface and a second substrate surface in a front and back relationship (fig. 3b); forming (S112, S114) a protective film (top one of 32/36) on the first substrate surface (figs. 4a-4b; col. 7, lines 29-60); and dry-etching (S130) the first substrate surface of the crystal substrate through the protective film in a single dry-etching *process, simultaneously forming the first surface, the bottomed groove, and outer shapes (the groove shapes) of the first vibration arm and the second vibration arm (fig. 5j; col. 9, lines 29-37), wherein the forming of the protective film includes applying a protective material to the first substrate surface, exposing the protective material, and developing the protective material such that T1 <T2 < T3, and the forming of the protective film such that T1 <T2 <T3 is satisfied is conducted before the dry-etching the first substrate surface of the crystal substrate (the etching steps, S130, are performed after the forming steps, S112 and S114), wherein T1 is a thickness of the protective film along the third direction in an inter-arm region positioned between a first vibration arm forming region in which the first vibration arm is formed and a second vibration arm forming region in which the second vibration arm is formed, T2 is a thickness of the protective film along the third direction in a groove forming region in which the groove is formed, and T3 is a thickness of the protective film along the third direction in a region of the first vibration arm forming region and the second vibration arm forming region excluding the groove forming region (fig. 5g).
*NOTE: despite the Applicant’s assertions to the contrary, a “process” as now claimed, is not necessarily a single step, and can in fact be any number of steps. That being so, the Examiner has given the Applicant the benefit of the doubt that they likely intend “in a single dry-etching step” and has cited the single step (S130; fig. 1j) wherein the cited first surface, bottomed groove and outer shapes are formed simultaneously.
ADDITIONAL NOTE: the term “vibration element” throughout the claims does not correspond to any enabling structure or materials (e.g. piezoelectric material) in either the claims or the specification. As such, the reader cannot know how this desired capability of the product to be formed by the claimed method is intended to further limit the method of manufacture. Accordingly, any prior art structures which are capable of use in a vibration element, and which disclose the actually recited features of the claimed product, as detailed in the body of the claim, will be held to anticipate the product. This note is repeated from the previously issued Office Actions.
Regarding claim 2, Iwai discloses the method of manufacturing a vibration element according to claim 1, wherein in the protective film, T1 = 0 (fig. 5g: at space between the two of 32).
Regarding claim 3, Iwai discloses the method of manufacturing a vibration element according to claim 1, wherein the dry etching is terminated in a state where the protective film remains on the first substrate surface, and the method of manufacturing a vibration element further comprises removing (S132) the remaining protective film (fig. 5k; col. 9, lines 38-42).
Regarding claim 5, Iwai discloses the method of manufacturing a vibration element according to claim 1, wherein the protective film is a resist film (col 7, lines 47-50).
Regarding claim 6, Iwai discloses the method of manufacturing a vibration element according to claim 1, wherein the protective film is a metal film (col 7, lines 47-50).
Response to Arguments
Applicant's arguments filed 11/26/2025 have been fully considered but they are not persuasive. Applicant has asserted that “Iwai teaches at least two etching steps in FIGS. 5(h) and (j). In a first etching step shown in FIG. 5(h), outer shapes of the vibration arms are first formed. Then, in a second etchings step shown in FIG. 5(j), the bottomed grooves are formed”; Applicant continues “Because multiple etching steps are required in Iwai, Applicant respectfully submits that Iwai fails to disclose or suggest the claimed step of "dry-etching the first substrate surface of the crystal substrate through the protective film in a single dry- etching process, simultaneously forming the first surface, the bottomed groove, and outer shapes of the first vibration arm and the second vibration arm ," as claimed”. Respectfully, this argument is not compelling. It is first noted that the Applicant appears to be reading a limitation into the claim, though it is not recited. The Applicant’s argument hinges on the interpretation that “a single dry-etching process” is as narrow as “a single dry-etching step”, which is incorrect. A single process can comprise any number of steps, as is evidenced by many thousands of granted patents, which claim a “process” and then in the claim set disclose that the process comprises a plurality of steps. If the Applicant wishes for the claim to require only a single etching step then they are strongly encouraged to amend the claim to disclose this feature. Further, even assuming ad arguendo that the current claims disclosed that the first surface, bottomed groove and outer shapes are formed simultaneously, in a single dry-etching step, this feature has been shown to be anticipated by Iwai in the updated prior art rejection of claim 1, above. The Applicant’s argument incorrectly recharacterizes the rejection to suit their purposes, but figures 1i and 1j were not previously and are not currently cited as the step(s) of forming the cited portions of the product. What was and is cited was step S130 as shown in fig. 1j. In that single step, the cited top surface, the bottomed groove and outer shapes are formed simultaneously. The claim language leaves it to the reader to define what “outer shapes” are, and according to broadest reasonable interpretation (BRI), the outer shapes have been determined to be any shape/surface of the arms being formed. Again if the Applicant wishes for the outer shapes to have a defined location, shape, and/or structure, they are strongly encouraged to amend the claims to recite as much. Until such time, however, the rejection is appropriate as applied based upon the above noted BRI.
According to the updated prior art rejection above, and the response to arguments herein, all of the currently presented claim limitations have been shown to be anticipated and all arguments on the merits have been answered.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See, for example, Toffoli (US 10,788,470 B2), which is particularly relevant to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey T Carley whose telephone number is (571)270-5609. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil Singh can be reached at (571)272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY T CARLEY/Primary Examiner, Art Unit 3729