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 .
Election/Restrictions
Applicant’s election without traverse of Claims 1-10 in the reply filed on May 13, 2025 is acknowledged.
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 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cai, Meng-Jin (CN104105041B), hereinafter “Cai “.
As to Claim 1, Cai teaches a microphone chip( Silicon based MEMS microphone, abstract, Figure 1) comprising: a base ( substrate 1, Figure 1) comprising an inner cavity( back through hole 10); a diaphragm( a diaphragm 2), wherein at least a portion of the diaphragm( diaphragm 2) is supported on the base( diaphragm 2 fixed on top of silicon substrate 1, Figure 1, abstract) and at least a portion of the diaphragm ( diaphragm 2) is arranged to be opposite to the inner cavity ( through hole 10, Figure 1); and a limiting member ( limiting platform 4, Figure 1) supported on the base ( limiting platform formed by etching substrate 1, page 4 lines 20-22, and located at two opposite sides of the diaphragm( diaphragm 2, as shown on Figure 1, the platform 4 is located on two sides of diaphragm 2) along a vibration direction of the diaphragm( diaphragm vibrates under the action of sound wave through the back hole 10 as shown on Figure 1 and page 5, lines 19-25), wherein limiting member( limiting platform 4) is spaced apart from the diaphragm( 2), and the limiting member( limiting platform 4) is configured to limit an amplitude of the diaphragm( Cai teaches the MEMS microphone preferably comprises four limiting platform 4, the four limiting platform 4 on the back 10 side wall uniformly distributed to reduce the silicon based MEMS microphone when falling or has a strong sound wave signal through the back hole 10, vibration film 2 caused by overlarge vibration amplitude due to probability of damage is to ensure that the MEMS microphone signal-to-noise ratio, thus teaching the limiting platform 4 as shown on Figure 2 prevents the diaphragm from falling into the back hole 10 by limiting it’s vibration amplitude. See at least page 5 lines 45-48 and page 6 lines 1-5).
As to Claim 3, Cai teaches the limitations of Claim 1, and wherein the diaphragm( diaphragm 2) comprises a diaphragm inner part ( portion of diaphragm 2 that overs the back hole 10) and a diaphragm outer part ( part of diaphragm 2 that is supported on to the limiting platform 4, Figure 1) that are connected to the diaphragm inner part, the diaphragm inner part and the diaphragm outer part are separated parts or formed into one piece( Cai teaches on Figure 1, the diaphragm 2 inner part and outer part are formed of one piece) , the diaphragm(2) is supported on the base( substrate 1) by means of the diaphragm outer part( portion of diaphragm 2 fixed on top of silicon substrate 1, Figure 1, abstract), the diaphragm inner part( portion of diaphragm 2, Figure 1) is arranged to be opposite to the inner cavity( back hole 10), and at least a portion of the diaphragm inner part( portion of diaphragm 2 that is opposite to the back hole 10,, Figure 1) is located between the first limiting part( first or left limiting platform 4, Figure 1) and the second limiting part ( second or right limiting platform 4, Figure 1).
Allowable Subject Matter
Claims 2, 4-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Dependent Claim 2, identifies a uniquely distinct feature of “…wherein the first limiting part and the second limiting part each extend along a direction perpendicular to the vibration direction of the diaphragm, and projections of the first limiting part and the second limiting part along the vibration direction of the diaphragm are located at least partially in the inner cavity.”
Dependent Claim 4, identifies a uniquely distinct feature of “… the projections of the first limiting part and the second limiting part towards the diaphragm inner part along the vibration direction of the diaphragm cover only an edge portion of the diaphragm inner part.” Claims 5 depend from Claim 4.
Dependent Claim 6, identifies a uniquely distinct feature of “...a fixing member supported on the base and connected between the first limiting part and the second limiting part, wherein the fixing member connects an edge of the first limiting part and an edge of the second limiting part that are away from the diaphragm inner part, and at least a portion of the diaphragm outer part is fixed to the fixing member.” Claims 7 and 8 depend from Claim 6.
Dependent Claim 9, identifies a uniquely distinct feature of “…. wherein the diaphragm further comprises a connection part, and the connection part connects the diaphragm inner part and the diaphragm outer part; and wherein stiffness of the connection part is smaller than stiffness of the diaphragm inner part.” Claim 10, depends from Claim 9.
The prior art fails to anticipate or render the independent claims obvious.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Prior art to Bai et al. ( CN 111757223) teaches a MEMS microphone chip, the chip comprises a substrate with a back cavity formed in the middle, a diaphragm set on the substrate and a back plate set opposite to one side of the diaphragm away from the substrate; the diaphragm and the opposite substrate are spaced to form a first vibration space; the diaphragm extends to close to the direction of the substrate to form a barrier structure spaced from the substrate, the positive projection of the barrier structure along the vibration direction of the diaphragm is located on the edge of one side of the substrate close to the back cavity. See at least Figures 4, 5 and abstract.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA JOSHI whose telephone number is (571)270-7227. The examiner can normally be reached 8-3.
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/SUNITA JOSHI/Primary Examiner, Art Unit 2691