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 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/09/2026 has been entered.
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.
Claims 1-7 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 discloses “outer surfaces that extend between and connect the first surface and the second surface in the third direction” (lines 9-11; emphasis added), and a “first dry etching… to simultaneously form… a length the outer surfaces of the first vibration arm and the second vibration arm in the third direction that is less than a total length of the outer surfaces of the first vibration arm and the second vibration arm in the third direction” (lines 16-22; emphasis added; underline indicates Applicant’s newly added limitations). It seems evident that the most recent amendments are an attempt to overcome the prior art, rather than to actually recite the inventive concept. To that end, the Applicant’s amendment verges on being an improper recitation of unsupported new matter, which would be eligible for 112(a) rejection. That being so, the Examiner is giving the Applicant the benefit of the doubt that instead of being new matter, the amendments are simply very confusing and indefinite disclosure. It is important to note that the word “length” and the term “outer surface(s)” never appear anywhere in the original specification. They are simply not part of the original disclosure (they are not even in the originally presented claims of 12/01/2022). It is not clear what the intent of this amendment is (other than to attempt to overcome a prior art rejection) as it is not directed to the inventive concept, given that the terms are not part of the original disclosure. Moreover, the scope of the amendment is impossible to determine without improperly reading numerous limitations into the claim, though they are not recited therein (or in the specification for that matter). Moreover, the recitation in the claim is so broad as to be vague because the reader is left to guess which surfaces are “outer surfaces”, how many surfaces are “outer surfaces”, where/how “a length” is measured, and where/how/how many surfaces are measured to constitute the “total length of the outer surfaces of the first vibration arm and the second vibration arm”. As such, the claim has been examined under BRI, as best understood, such that any etched third direction surface can be measured for the recited “a length” and that the total third direction surfaces of all of the exteriors of the first and second arms is measured for the “total length”.
Claim 1 is further found to be indefinite, as it discloses “conducting second dry etching [to]… complete formation of a total length of the outer surfaces of the first vibration arm and the second vibration arm, wherein in the first dry etching, the lengths of the outer surfaces of the first vibration arm and the second vibration arm that extend in the third direction and are less than the total length” (lines 24-31; emphasis added; underline indicates Applicant’s newly added limitations). The recitation of “a total length” is indefinite because “a total length” was already disclosed in claim 1 and therefore it is not clear if this is a new “total length” or if instead it is the “total length” already disclosed. Further, “the lengths [which]… are less than the total length” is indefinite because the claim previously recited a single “length…that is less than a total length” and does not disclose a plurality of lengths which are “less than the total length”. Additionally, based upon the indefiniteness of the second recited “a total length”, it is not clear which “total length” this portion of the claim refers to. Accordingly the scope or metes and bounds of the claim cannot be confidently ascertained.
Claims 2-7 are also rejected as indefinite, so rendered by virtue of their dependency upon the indefinite subject matter of claim 1.
NOTE: All of the examined claims (i.e. claims 1-7) have been interpreted and examined as best understood according to the 112(b) rejections, above.
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 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iwai (US 8,156,621 B2). Italics are added to indicate the language which has been Objected to as confusing and/or difficult to interpret.
Regarding claim 1, Iwai discloses a method for manufacturing a vibrator element (20) which includes a first vibration arm (left one of 21) and a second vibration arm (right one of 21) that extend along a first direction (fig. 1a: Y direction) and that are arranged side by side along a second direction (fig. 1a: X direction) intersecting the first direction, and in which the first vibration arm and the second vibration arm each have a first surface (fig. 1j: top) and a second surface (fig. 1j: bottom) that are arranged opposite to each other in a third direction (figs. 1b-1j: Z direction) intersecting the first direction and the second direction, a bottomed first groove (top one of 27) that opens to the first surface, a bottomed second groove (bottom one of 27) that opens to the second surface (figs. 1a and 1b; col. 5, lines 10-32), and outer surfaces (left-most and right-most vertical surfaces of 10 for each arm; and vertical surfaces of grooves in 10) that extend between and connect the first surface and the second surface in the third direction (fig. 1b), the method comprising: providing a quartz crystal substrate having a first substrate surface (fig. 5f: top of 10, as viewed) and a second substrate surface (fig. 5f: bottom of 10, as viewed) that are in a front and back relationship (figs. 3b and 5f; col. 5, lines 10-17); forming (S112, S114) a first protective film (top one of 32/36) on the first substrate surface (figs. 4a-4b; col. 7, lines 29-60); conducting first dry etching (S130) of the first substrate surface of the quartz crystal substrate through the first protective film, in a single dry etching step (S130 is a single dry etching step), to simultaneously form (S130 is still a single dry etching step, thus the features are formed simultaneously in that single step) the first surface of the first and second vibration arms, the first bottomed grooves, and a length (vertical height of vertical surface of 10 inside the grooves being formed, or vertical height of outer surface of only element 10) of the outer surfaces of the first vibration arm and the second vibration arm in the third direction that is less than a total length (total vertical height of all outer surfaces) of the outer surfaces of the first vibration arm and the second vibration arm in the third direction (annotated fig. 5j, below; col. 9, lines 29-37); forming (S112, S114) a second protective film (bottom one of 32/36) on the second substrate surface (figs. 4a-4b; col. 7, lines 29-60); and conducting second dry etching (S130) of the second substrate surface of the quartz crystal substrate through the second protective film, in a single dry etching step (S130 is a single dry etching step), to simultaneously form (S130 is still a single dry etching step, thus the features are formed simultaneously in that single step) the second surface of the first and second vibration arms, the second bottomed grooves, and complete formation of a total length of the outer surfaces of the first vibration arm and the second vibration arm, wherein in the first dry etching, the lengths of the outer surfaces of the first vibration arm and the second vibration arm that extend in the third direction and are less than the total length terminate at a location (the vertex where the outer surfaces directly meet and connect to the second substrate surface) closer to the second substrate surface in the third direction than a position where a bottom surface of the second bottomed groove is to be formed (fig. 5j; col. 9, lines 29-37).
NOTE: throughout the claims, there are instances of disclosing, “first” or “second”, steps and the like. However, the claims are not written such that these steps are required to be performed in the order of their nomenclature, i.e. “first” before “second”, or even such that they must be performed as separate steps. If the Applicant wishes for these limitations to require a certain order of operations, then they are yet again strongly encouraged to amend the claims to disclose as much.
PNG
media_image1.png
992
795
media_image1.png
Greyscale
Regarding claim 2, as best understood, Iwai discloses the method for manufacturing a vibrator element according to claim 1, wherein the first protective film satisfies a relationship T1 < T2 < T3, wherein T1 is a thickness of the first protective film along the third direction in an inter-arm region located between a first vibration arm forming region in which the first vibration arm is to be formed and a second vibration arm forming region in which the second vibration arm is to be formed, T2 is a thickness of the first protective film along the third direction in a first groove forming region in which the first bottomed grooves are to be formed, and T3 is a thickness of the first protective film along the third direction in regions of the first vibration arm forming region and the second vibration arm forming region excluding the first groove forming region (fig. 5g).
Regarding claim 3, as best understood, Iwai discloses the method for manufacturing a vibrator element according to claim 2, wherein in the first protective film, T1 = 0 (fig. 5g: at space between the two of 32).
Regarding claim 4, as best understood, Iwai discloses the method for manufacturing a vibrator element according to claim 1, wherein the first protective film includes an underlayer film (32) and a third protective film (36), and the forming of the first protective film includes forming (S112) the underlayer film on the first substrate surface in a first vibration arm forming region in which the first vibration arm is to be formed and a second vibration arm forming region in which the second vibration arm is to be formed (figs. 4a-4e; col. 7, lines 39-53), and forming (S118-S124) the third protective film on the underlayer film in a region excluding first groove forming regions in which the first bottomed grooves are to be formed (figs. 4e- 5g; col. 8, lines 19-21 and 49-60).
Regarding claim 5, as best understood, Iwai discloses the method for manufacturing a vibrator element according to claim 4, wherein the underlayer film is not formed in an inter-arm region located between the first vibration arm forming region and the second vibration arm forming region of the first substrate surface (fig. 5g).
Regarding claim 6, as best understood, Iwai discloses the method for manufacturing a vibrator element according to claim 1, further comprising: removing (S132), after the dry etching is ended in a state in which the first protective film remains on the first substrate surface, the remained first protective film (fig. 5k).
Regarding claim 7, as best understood, Iwai discloses the method for manufacturing a vibrator element according to claim 6, further comprising: removing (S132), after the second dry etching is ended in a state in which the second protective film remains on the second substrate surface, the remained second protective film (fig. 5k).
Response to Arguments
Applicant's arguments filed 02/09/2026 have been fully considered but they are not persuasive.
Applicant has asserted:
[A]ccording to the claimed invention, two etching steps are all that is necessary to form the vibrations (sic) arms. In the first dry etching step, the first surface 2A of the first and second vibration arms 22 and 23, the first bottomed grooves 221 and 231, and a length Ba and Aa of the outer surfaces of the first vibration arm 22 and the second vibration arm 23 are simultaneously formed. See, e.g., FIG. 8 of the application, below.
In the second dry etching step, the second surface 2B of the first and second vibration arms 22 and 23, the second bottomed grooves 222 and 232, and the total length Ta of the outer surfaces of the first vibration arm 22 and the second vibration arm 23 are simultaneously formed. This is shown in, for example, FIG. 12 of the application, below.
Iwai teaches a multi-step process (see, e.g., FIG. 5) to form the vibration arms. Firstly, Applicant notes that the entire length of the outer surfaces of the vibration arms are formed in FIG. 5(h). This is different from the claimed method where only a length of the vibration arms is formed in the first dry etching step (FIG. 8, above), and then the total length is completed in the second dry etching step (FIG. 12, above).
Secondly, claim 1 makes clear that the first bottomed grooves 221 and 231 are formed in the first dry etching step (FIG. 8) and the second bottomed grooves 222 and 232 are formed in the second dry etching step (FIG. 12). Again, this is different from the method of Iwai where the first and second bottomed grooves are formed at the same time. See FIG. 5(j) of Iwai.
These arguments are not persuasive for a number of reasons. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., figures 8 and 12 of the instant application, all of the specific reference numerals and locations, the first and second etching steps being separate from one another and performed at different times, and the first and second grooves being formed in different etching steps) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
It is simply incorrect for the Applicant to state that: “[A]ccording to the claimed invention, two etching steps are all that is necessary to form the vibrations (sic) arms.” The claim requires a providing step, a forming a first protective film step, first and second dry etching (which may be performed simultaneously or separately), and a forming a second protective film step. Thus there are from four to five steps claimed for forming the vibration arms, and it is not at all the case that “two etching steps are all that is necessary to form the vibration arms”.
Additionally, there is nothing in the claims which requires that the first and second etching steps be performed at different times. In fact, claim 1 explicitly states that the first and second dry etching steps are both performed “in a single dry etching step”, which can be reasonably construed as one step for both the first and second dry etching. The Examiner has repeatedly suggested that the Applicant amend the claims to clarify the intended order of operations of the step(s) and the Applicant has repeatedly avoided doing so, despite the fact that such amendments would move the claim scope in line with the Applicant’s own arguments.
Further it is not in the least bit germane that Iwai discloses a multi-step process for forming the product. This is irrelevant for numerous reasons. First, the Applicant’s own arguments assert that the claim requires more than one step. Second, the original disclosure of the instant application discloses multiple steps (see at least figures 3-15 of the instant application). Third, it is not relevant whether the prior art discloses additional steps when the prior art has been shown to disclose the claimed steps as recited as well. If the instant claims require steps A and B (which can be performed separately or together) and the prior art discloses steps A, B, C, D, and E, then the prior art still discloses the claimed invention. All of the actually claimed limitations have been clearly demonstrated as anticipated by Iwai and therefore the argument is not compelling.
Finally, with respect to the Applicant’s arguments about the “length(s)” which is/are formed, this argument is also not compelling. First, the length limitations are indefinite as noted above. Second, all of the argued and newly presented features (as best understood) have been clearly demonstrated as anticipated by Iwai in the updated rejections above. Third, the assertion that the method of Iwai “is different from the claimed method where only a length of the vibration arms is formed in the first dry etching step (FIG. 8, above), and then the total length is completed in the second dry etching step (FIG. 12, above)” is false, as the claim requires no such thing. The first dry etching is explicitly recited as “simultaneously form[ing] the first surface of the first and second vibration arms, the first bottomed grooves, and a length of the outer surfaces of the first vibration arm and the second vibration arm in the third direction that is less than a total length of the outer surfaces of the first vibration arm and the second vibration arm in the third direction”. This recitation taken from the claims in no what whatsoever indicates that the first dry etching forms “only a length of the vibration arms”. Further, it does not disclose that the “total length” is not formed in the first dry etching. And further still, as already noted several times, the claim does not require the first and second etching be performed at different times.
According to the prior art rejections above, which have been newly updated in response to the most recent claim amendments, and the response to arguments herein, it has been clearly demonstrated that all currently presented claim limitations are anticipated by the prior art, and all arguments on the merits have been answered and are not found to be compelling.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to all of the cited documents from the PTO-892. Further, Fang (US-20090289531-A1) is held to be of particular relevance 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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JEFFREY T CARLEY/Primary Examiner, Art Unit 3729