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) 11-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 11 and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo (US 20160112785) and in view of Yuan (US 20160112807).
As to claim 11, Yoo discloses a micromechanical component for a sensor or microphone device
(Paragraph 0011), comprising: a first electrode structure (130; Fig. 1) and a second electrode (120; Fig. 1)
structure arranged with respect to one another such that an electrode surface of the first electrode
structure is aligned with the second electrode structure; wherein the second electrode structure are
warpable such that a distance between the electrode surface of the first electrode structure and the
second electrode structure is variable (Paragraph 0055); wherein at least one substructure of the first
electrode structure is entirely made of at least one electrically conductive material (Paragraph 0052),
and the electrode surface of the first electrode structure and an opposite surface of the first electrode
structure oriented away from the electrode surface are outer surfaces of the substructure and are made
of the at least one electrically conductive material (Paragraph 0052); wherein at least one stop structure (142; Fig. 1) protruding from the electrode surface towards the second electrode structure is formed on
the first electrode structure such that (Paragraph 0054; Fig. 1), in the event of a mechanical contact
between the at least one stop structure and the second electrode structure, a charge transfer between
the first electrode structure and the second electrode structure is prevented (Paragraph 0054); and
wherein the first electrode structure includes at least one insulating region each extending from at least
the electrode surface of the first electrode structure to at least the opposite surface of the first
electrode structure (Paragraph 0054; Fig. 1), wherein each of the at least one stop structure is bordered
by an insulating region of the at least one insulating region (Paragraph 0053; Fig. 1).
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Yoo fails to disclose wherein a minimum width of each insulating region measured parallel to the electrode surface is greater than twice a thickness of an insulating layer of the insulating region.
Yuan, however, discloses wherein a minimum width of each insulating region measured parallel to the electrode surface is greater than twice a thickness of an insulating layer of the insulating region (Fig. 9).
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Therefore, it would have been obvious to one having ordinary skill in the art before the
effective filing date of the claimed invention to have provided the component of Yoo with a minimum width of each insulating region measured parallel to the electrode surface is greater than twice a thickness of an insulating layer of the insulating region, as disclosed by Yuan, to optimize insulation the device.
As to claim 13, the combination of Yoo and Yuan discloses the micromechanical component according to claim 11, wherein the at least one insulating region is at least partially made of silicon nitride (Paragraph 0054 of Yoo), as the at least one electrically insulating material.
As to claim 14, the combination of Yoo and Yuan discloses the micromechanical component according to claim 11, wherein each insulating region of the at least one insulating region is shaped such that the insulating region at least partially surrounds a core structure made of at least one electrically insulating material. (Paragraph 0054; Fig. 1 of Yoo).
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As to claim 15, Yoo discloses a manufacturing method for a micromechanical component for a
sensor or microphone device (Paragraph 0011), the method comprising the following steps: arranging a
first electrode structure and a second electrode structure with respect to one another such that an
electrode surface of the first electrode structure is aligned with the second electrode structure
(Paragraph 0078), and the second electrode structure are warpable such that a distance between the
electrode surface of the first electrode structure and the second electrode structure is variable
(Paragraph 0082); wherein at least one substructure of the first electrode structure is entirely made of
at least one electrically conductive material (Paragraph 0052), and the electrode surface of the first
electrode structure and an opposite surface of the first electrode structure oriented away from the
electrode surface are formed as outer surfaces of the substructure and are formed from at the least one
electrically conductive material (Paragraph 0052); wherein at least one stop structure protruding from
the electrode surface towards the second electrode structure is formed on the first electrode structure such that (Paragraph 0054), in the event of a mechanical contact between the at least one stop
structure and the second electrode structure, a charge transfer between the first electrode structure
and the second electrode structure is prevented (Paragraph 0054); wherein the first electrode structure
includes at least one insulating region made of at least one electrically insulating material, which each
extends from at least the electrode surface to at least the opposite surface of the first electrode
structure, is formed (Paragraph 0054); and wherein each of the at least one stop structure is bordered
by an insulating region of the at least one insulating region (Paragraph 0053).
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Yoo fails to disclose wherein a minimum width of each insulating region measured parallel to the electrode surface is greater than twice a thickness of an insulating layer of the insulating region.
Yuan, however, discloses wherein a minimum width of each insulating region measured parallel to the electrode surface is greater than twice a thickness of an insulating layer of the insulating region (Fig. 9).
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Therefore, it would have been obvious to one having ordinary skill in the art before the
effective filing date of the claimed invention to have provided the component of Yoo with a minimum width of each insulating region measured parallel to the electrode surface is greater than twice a thickness of an insulating layer of the insulating region, as disclosed by Yuan, to optimize insulation the device.
As to claim 16, the combination of Yoo and Yuan discloses the manufacturing method according to claim 15, further comprising performing the following substeps: forming the second electrode structure (Paragraph 0085, “vibration membrane” of Yoo); depositing at least one sacrificial material layer on a side of the second electrode structure later aligned with the first electrode structure (Paragraph 0086); depositing at least one electrically conductive material of the future first electrode structure on the sacrificial material layer (Paragraph 0087 of Yoo) patterning at least one recess through the at least one electrically conductive material of a later formed first electrode structure (Paragraph 0078 of Yoo), each recess of the at least one recess extending into the sacrificial material layer (Fig. 6 of Yoo); and forming the at least one stop structure (Paragraph 0087 of Yoo) and the at least one insulating region on the first electrode structure by depositing the at least one electrically insulating material in the at least one recess (Paragraph 0089 of Yoo), thereby forming the at least one stop structure as a projection of the at least one insulating region protruding from the electrode surface towards the second electrode structure (Paragraph 0078 of Yoo), wherein a minimum width of each insulating region measured parallel to the electrode surface is greater than twice a thickness of an insulating layer of the insulating region (Fig. 9 of Yuan)
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As to claim 17, the combination of Yoo and Yuan discloses the manufacturing method according to claim 16, wherein the at least one electrically insulating material of the at least one stop structure and the at least one insulating region is first deposited in the at least one recess (Fig. 11; Paragraph 0087-0088 of Yoo) and on at least a subarea of the opposite surface of the first electrode structure (Fig. 12 of Yoo) before a respective remaining volume of the at least one recess is filled with at least one electrically insulating material of at least one core structure (Fig. 12; Paragraph 0087-0088 of Yoo), wherein the at least one electrically insulating material of the at least one stop structure and the at least one insulating region covering the at least one subarea of the opposite surface is additionally covered by the at least one second electrically insulating material (Paragraph 0054 of Yoo; “the materials of the fixed plate are not limited to a silicon nitride, and the fixed plate may be made of other insulating materials”; understood as the core structure can be composed of other insulative material/s) of the at least one core structure.
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As to claim 18, the combination of Yoo and Yuan discloses the manufacturing method according to claim 16, wherein the at least one recess is first entirely filled with the at least one electrically insulating material of the at least one stop structure and of the at least one insulating region (Paragraph 0087-0088 of Yoo), which material is additionally deposited on at least a subarea of the opposite surface of the first electrode structure before at least one electrically insulating material is deposited such that the at least one electrically insulating material of the at least one stop structure (Fig. 12 of Yoo) and the at least one insulating region covering the at least one subarea of the opposite surface is covered by the at least one second electrically insulating material (Paragraph 0054 of Yoo; “the materials of the fixed plate are not limited to a silicon nitride, and the fixed plate may be made of other insulating materials”; understood as the core structure can be composed of other insulative material/s).
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Claims 12 is rejected under 35 U.S.C. 103 as being unpatentable over Yoo and Yuan.
As to claim 12, the combination of Yoo and Yuan discloses the micromechanical component according to claim 11, wherein the at least one insulating region is entirely made of the at least one electrically insulating material (Paragraph 0054).
Yoo fails to disclose each having an electrical conductivity of less than 10-8 S/cm and a
resistance of greater than 108Q-cm.
It would have been obvious to one having ordinary skill in the art at the time the invention was
made to modify the electrical conductivity to the desired range of less than 10-8 S/cm and the resistance
to the desired range of greater than 108Q-cm, since it has been held that where the general conditions
of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only
routine skill in the art. In re Aller, 105 USPQ 233. Here, it would have been obvious to modify Yoo, such
that each having an electrical conductivity of less than 10-8 S/cm and a resistance of greater than 108Q-
cm, in order to achieve a desired conductivity and resistance.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo, Yuan, and in view of Knese (US 20100164023).
As to claim 19, the combination of Yoo and Yuan discloses the manufacturing method according to claim 15, further comprising performing the following substeps: forming the second electrode structure (Paragraph 0085 of Yoo); depositing at least one sacrificial material layer on a side of the second electrode structure later aligned with the first electrode structure (Paragraph 0024 of Yoo, “forming a sacrificial layer over the vibration membrane”); patterning at least one depression in the sacrificial material layer (Paragraph 0030 of Yoo); depositing at least one electrically conductive material of the later formed first electrode structure on the sacrificial material layer (Paragraph 0024 of Yoo, “forming a fixed electrode over the sacrificial layer”), to form the at least one stop structure by filling the at least one depression with the at least one electrically conductive material of the later formed first electrode structure (Paragraph 0029-0030 of Yoo).
Yoo fails to disclose patterning at least one separation trench, each of which extends to the
sacrificial material layer through the at least one electrically conductive material of the later formed first
electrode structure such that at least one partial volume made from the at least one electrically
conductive material of the later formed first electrode structure, which partial volume is equipped with
the at least one stop structure, is completely bordered by the at least one separation trench; and
forming the at least one insulating region on the first electrode structure by depositing the at least one
electrically insulating material in the at least one separation trench.
Knese, however, discloses patterning at least one separation trench, each of which extends to
the sacrificial material layer through the at least one electrically conductive material of the later formed
first electrode structure such that at least one partial volume made from the at least one electrically
conductive material of the later formed first electrode structure, which partial volume is equipped with
the at least one stop structure, is completely bordered by the at least one separation trench (Fig. 1); and
forming the at least one insulating region on the first electrode structure by depositing the at least one
electrically insulating material in the at least one separation trench (Paragraph 0032).
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Therefore, it would have been obvious to one having ordinary skill in the art before the
effective filing date of the claimed invention to have provided the manufacturing method of Yoo with
patterning at least one separation trench, each of which extends to the sacrificial material layer through
the at least one electrically conductive material of the later formed first electrode structure such that at
least one partial volume made from the at least one electrically conductive material of the later formed
first electrode structure, which partial volume is equipped with the at least one stop structure, is
completely bordered by the at least one separation trench (Fig. 1); and forming the at least one
insulating region on the first electrode structure by depositing the at least one electrically insulating
material in the at least one separation trench, as disclosed by Knese, to ensure a desired elasticity of the
stop structure.
As to claim 20, the combination of Yoo, Yuan, and Knese discloses the manufacturing method
according to claim 19, wherein the at least one electrically insulating material of the at least one
insulating region (Paragraph 0054 of Yoo) is first deposited in the at least one separation trench and on
at least a subarea (Fig. 12 of Yoo) of the opposite surface of the first electrode structure before a remaining volume of the at least one separation trench (Fig. 1 of Knese) is in each case filled with at
least one electrically insulating material of at least one core structure (Fig. 12 of Yoo), wherein the at
least one electrically insulating material of the at least one insulating region covering the at least one
subarea of the opposite surface is additionally covered by the at least one electrically insulating material
of the at least one core structure (Paragraph 0054 of Yoo; “the materials of the fixed plate are not
limited to a silicon nitride, and the fixed plate may be made of other insulating materials”; understood
as the core structure can be composed of other insulative material/s).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner
should be directed to ETHAN N VO whose telephone number is (571)270-7593. The examiner can
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where this application or proceeding is assigned is 571-273-8300.
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/ETHAN NGUYEN VO/
Examiner, Art Unit 2834
/CHRISTOPHER M KOEHLER/Supervisory Patent Examiner, Art Unit 2834
Prosecution Insights