DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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, has been entered.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-22 are pending.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “at least one of the holes has a width less than or equal to 5 times a boundary layer thickness of a boundary layer of the at least one of the holes” of claim 4 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show details on claim 4 (specification, paragraphs 0133-0134) as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1-3, 5-8, 20, 22 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Jenkins et al (US Publication No. 2018/0002161).
Regarding claim 1, Jenkins teaches a sound producing cell, comprising: a membrane (101, 301, membrane); and an actuating layer (102, 302, 103, 104, electrodes and backplate), disposed on the membrane; wherein the membrane is actuated by the actuating layer to produce sound (MEMs transducer, see abstract); wherein a plurality of holes (313, openings) is arranged as an array and formed on the membrane; wherein a top-view pattern of one of the holes forms an enclosed region (fig. 3a, wherein the top view shows an array of enclosed hole).
Regarding claim 2, Jenkins teaches the sound producing cell of claim 1, wherein at least one of the holes (313, openings) overlaps the actuating layer (102, 302, 103, 104, electrodes and backplate) in a normal direction of a base (105, substrate) on which the sound producing cell is disposed.
Regarding claim 3, Jenkins teaches the sound producing cell of claim 1, wherein the membrane (101, 301) comprises at least one slit (fig. 1a, 111), and the holes (313, openings) are separated from the at least one slit.
Regarding claim 5, Jenkins teaches the sound producing cell of claim 1, wherein the membrane (101, 301) comprises a base layer and a cover layer, the holes (313, opening) are formed in the base layer, and the cover layer covers the holes.
Regarding claim 6, Jenkins teaches the sound producing cell of claim 1, wherein at least one of the holes (312, opening) is a through hole, a recess hole or a void.
Regarding claim 7, Jenkins teaches the sound producing cell of claim 1, wherein the enclosed region is a hexagon (fig. 3a, 6 sided openings) or a circle.
Regarding claim 8, Jenkins teaches the sound producing cell of claim 1, wherein the membrane comprises a first membrane subpart (101, 301) and a second membrane subpart (102, 302), wherein the first membrane subpart and the second membrane subpart are opposite to each other (fig. 3b); wherein the first membrane subpart comprises a first anchored edge which is fully or partially anchored (fig. 1a; item 101 is anchored to item 104), and edges of the first membrane subpart other than the first anchored edge are non-anchored (fig. 1a; item 101 has slits 109 which respect the non-anchored edges of the membrane); wherein the second membrane (102, 302) subpart comprises a second anchored edge which is fully or partially anchored (fig. 3a; wherein the hexagon shape has a complete side), and edges of the second membrane subpart other than the second anchored edge are non-anchored (fig. 3a; wherein the hexagon shape is not a complete side).
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Regarding claim 20, Jenkins teaches an acoustic transducer (MEMs transducer), comprising: a membrane (101, 102, 301), configured to produce sound wave or perceive sound wave; wherein a plurality of holes (313) is arranged as an array and formed on the membrane; wherein a top-view pattern of one of the holes forms an enclosed region (fig. 3a).
Regarding claim 22, Jenkins teaches the acoustic transducer of claim 20, wherein the enclosed region is a hexagon or a circle.
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) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jenkins et al (US Publication No. 2018/0002161), in view of Piechocinski et al (US Publication No. 20180002160 A1).
Regarding claim 12, Jenkins teaches the sound producing cell of claim 1, comprising a recess structure (fig. 3a, unanchored edge) disposed at a corner of the sound producing cell, configured to disperse a stress applied on the recess structure.
Although Jenkins does not teaches a peel-off process, Piechocinski teaches a process for making the membrane (101, 301) which includes processing steps (figs 8a-8h) having deposit and removal phases, i.e. Peel-off, for making the membrane such that a recess structure (fig. 3a, unanchored edge) is realized.
One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that processing the structure in the manner taught by Jenkins and Piechocinski would have yielded a patentable structure indifferent from the claimed invention, thus capable of performing the stress dispersion.
Regarding claim 13, Jenkins and Piechocinski teaches the sound producing cell of claim 12, wherein the membrane (101, 301) comprises a slit segment (fig. 1a, 111) in a corner region, and the recess structure (fig. 3a, unanchored edge) is directly connected to the slit segment (fig. 1a; 111 is closely connected to the membrane).
Allowable Subject Matter
Claim(s) 4, 9-11, 14-16 is/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.
Claim(s) 17-19, 21 is/are allowed. Piechocinski (US Publication No. 20180002160) teaches the aforementioned limitations of fabricating a sound producing cell (figs. 8A-8E) without teaching the first layer comprising a membrane having the holes and trench line.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection relies on the prior rejection of record with additional information to support the new amendment with teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dehe et al (US Publication No. 20130223023) layering pattern with opening/hole (figs. 2a, 2b) and top-view pattern (fig. 1c).
Grosh et al (US Publication No. 2010/0254547) layering pattern with opening/hole (figs. 3b) and top-view pattern (fig. 3a)
Umezawa et al (US Publication No. 20220329951) laying pattern with opening (fig. 2) and top-view (fig. 1)
Zhang, Xin (CN 1027147773 A) layering pattern with opening/hole (figs 2) and top-view options (figs. 3-4).
Stoppel (US Publication No. 2010/0100033) MEMs sound transducer
Response to Arguments
Applicant’s arguments with respect to claim(s) 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.
Conclusion
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February 7, 2026
/PHYLESHA DABNEY/Patent Examiner, Art Unit 2694