Prosecution Insights
Last updated: April 19, 2026
Application No. 18/189,577

ACCELEROMETER ELEMENT FOR DETECTING OUT-OF-PLANE ACCELERATIONS

Final Rejection §102§103
Filed
Mar 24, 2023
Examiner
KWOK, HELEN C
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Murata Manufacturing Co. Ltd.
OA Round
2 (Final)
81%
Grant Probability
Favorable
3-4
OA Rounds
2y 9m
To Grant
87%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
1303 granted / 1611 resolved
+12.9% vs TC avg
Moderate +6% lift
Without
With
+6.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
59 currently pending
Career history
1670
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
41.2%
+1.2% vs TC avg
§102
30.1%
-9.9% vs TC avg
§112
19.0%
-21.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1611 resolved cases

Office Action

§102 §103
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 . 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 1-9, 14-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2020/0156930 (Classen et al.). With regards to claim 1, ‘930 Classen et al. discloses a micromechanical component comprising, as illustrated in Figures 1-11, an accelerometer element 100 (e.g. z-axis acceleration sensor; paragraph [0056]; Figure 7) including a body 1,60 (e.g. substrate, cap; paragraphs [0063],[0056]) ; a mass W (e.g. rocker; paragraph [0056]) that includes a volume of a bulk material (e.g. silicon material of 2nd,3rd,4th functional layers); paragraph [0056]) that provides two surfaces (e.g. top surface of mass and bottom surface of mass forms the two surface) that extend in a first in-plane direction (e.g. x-axis direction) and in a second in-plane direction (e.g. y-axis direction) that is orthogonal to the first in-plane direction; one or more weight elements 36 (e.g. additional hollow mass; paragraph [0056]) disposed between the two surfaces (e.g. top surface and bottom surface) and each comprising a substance having a weight per unit volume that is different from a weight per unit volume of the bulk material (e.g. paragraph [0056]) wherein the one or more weight elements 36 are completely enclosed within the bulk material (e.g. as observed in Figure 7, the weight element 36, which is in 3rd function layer 30 is enclosed by the 2nd and 4th functional layers); a spring system (e.g. “these rockers is based on a spring-mass system”; paragraph [0003]; Figure 3) that couples the mass to the body and that causes a reciprocating rotary motion of the mass about a rotary axis 33 (e.g. torsion axis; paragraph [0056]) that is parallel to the first in-plane direction; the one or more weight elements 36 are disposed in the mass W so that a centre of gravity of the mass is offset from the rotary axis in the second in-plane direction and the centre of gravity of the mass and the rotary axis 33 are at a same level within the mass in an out-of-plane direction that is orthogonal to the first in-plane direction and the second in-plane direction (e.g. paragraphs [0056]-[0061]; Figures 7-9). (See, paragraphs [0042] to [0079]). With regards to claim 2, ‘930 Classen et al. further discloses the one or more weight elements 36 include a hollow cavity (e.g. hollow mass; paragraph [0056]) having at least one support structure extending through the cavity in the out-of-plane direction (e.g. z-axis direction; observed in Figure 7). With regards to claim 3, ‘930 Classen et al. further discloses the hollow cavity is open in at least one side (e.g. left-side surface) of the mass that extends in the out-of-plane direction between the two surfaces (e.g. observed in Figure 7). With regards to claim 4, ‘930 Classen et al. further discloses a boundary of the mass is symmetric with respect to the rotary axis (e.g. symmetrization of rocker W with respect to torsion axis 33; paragraph [0056]; Figure 7). With regards to claim 5, ‘930 Classen further discloses a first electrode 11 (e.g. electrode; paragraph [0042]) and a second electrode 112 (e.g. electrode; paragraph [0042]) disposed on a first surface (e.g. top surface) of the body 1 such that the first electrode and the second electrode are disposed symmetrically with respect to the rotary axis 33 (e.g. observed in Figure 7). With regards to claim 6, ‘930 Classen et al. further discloses the rotary axis 33 divides the mass W into two parts (e.g. left side of rocker and right side of rocker; Figure 7) so that in the reciprocating rotary motion of the mass (e.g. mass tilted clockwise due to accelerated upwards), a first part m1 (e.g. left side of the rocker is considered as this first part; Figure 6) of the mass moves closer (e.g. towards the electrodes; observed in Figure 6) to one of the first and second electrodes, and a second part m2 (e.g. right side of the rocker is considered as this second part; Figure 6) of the mass moves correspondingly away (e.g. away from the electrodes; observed in Figure 6) from the other one of the first and second electrodes. With regards to claim 7, ‘930 Classen et al. further discloses the body 1,60 includes a substrate 1 (e.g. substrate; paragraph [0063]) and a cap 60 (e.g. cap; paragraph [0056]) where the first surface is in one of the cap and the substrate (e.g. observed in Figure 7), and the body includes a second surface (e.g. bottom surface of substrate; Figure 7) that is the other of the substrate and the cap. With regards to claim 8, ‘930 Classen et al. further discloses in an initial static state (e.g. resting position), a first gap (e.g. distance between the mass and the electrode forms a capacitor in this gap in Figure 7) between the first electrode 11 and the mass W and a second gap (e.g. distance between the mass and the electrode forms a capacitor in this gap in Figure 7) between the second electrode 12 and the mass W are symmetric with respect to the rotary axis 33 (e.g. observed in Figure 7). (See, paragraph [0044]). With regards to claim 9, ‘930 Classen et al. further discloses the bulk material of the mass W is silicon (e.g. silicon material of 2nd,3rd,4th functional layers); paragraph [0056]) that is capacitively coupled to the first electrode 11 and the second electrode 12 to provide at least one electrical signal that corresponds with the reciprocating rotary motion of the mass. (See, paragraphs [0044]). With regards to claim 14, ‘930 Classen et al. further discloses in an initial static state (e.g. resting position), the mass W has a thickness dimension in the out-of-plane direction (e.g. z-axis direction; observed in Figure 7); the spring system (e.g. “these rockers is based on a spring-mass system”; paragraph [0003]; Figure 3) extends in the out-of-plane direction at least to the a thickness as the mass (e.g. observed in Figure 7); the level of the rotary axis and the centre of gravity of the mass are in a middle of the thickness of the mass (e.g. observed in Figure 7). With regards to claim 15, ‘930 Classen et al. further discloses the mass W includes a first layer 40 (e.g. fourth functional layer; paragraph [0056]) of the bulk material and a second layer 20 (e.g. second functional layer; paragraph [0056]) of the bulk material; the first layer of the bulk material and the second layer of the bulk material extend parallel to a virtual reference plane that extends in the first in-plane direction and in the second in-plane direction (e.g. as virtually imaged in Figure 4); a first surface (e.g. top surface) of the mass is on the first layer 40 of the bulk material; a second surface (e.g. bottom surface) of the mass is on the second layer 20 of the bulk material; the first layer 40 of the bulk material and the second layer 20 of the bulk material enclose the one or more weight elements 36 therebetween (e.g. observed in Figure 7). With regards to claim 16, ‘930 Classen et al. further discloses at least one of the first layer 40 and the second layer 20 includes a vent hole (e.g. opening) that extends through the respective layer to at least one of the one or more weight elements (e.g. opening extends through first layer 40 observed in Figure 8). With regards to claim 17, ‘930 Classen et al. further discloses the mass W comprises a first wafer 40 (e.g. fourth functional layer; paragraph [0056]) and a second wafer 30 (e.g. third functional layer; paragraph [0056]) that are bonded to each other so that the first surface of the mass is on the first wafer and the second surface of the mass is on the second wafer such that the one or more weight elements 36 are disposed in the second wafer (e.g. as observed in Figure 7). With regards to claim 18, ‘930 Classen et al. further discloses the body 105 includes an anchor (e.g. not numbered but the central element along axis 33 is this anchor in Figure 3) that provides a locally stationary support for the spring system (e.g. not numbered but the beams on each side of the anchor along axis 33 is this spring system in Figure 3; paragraph [0003]); the spring system includes two torsional spring (e.g. observed in Figure 3) structures such that one end of each of the torsional spring structures is connected to the mass and the other end is connected to the anchor (e.g. observed in Figure 3). With regards to claim 20, ‘930 Classen et al. further discloses each of the two torsional spring structures includes two torsional springs that protrude in from the mass in the first in-plane direction and are aligned in the out-of-plane direction or in the second in-plane direction (e.g. observed in Figure 3; paragraph [0003]). 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. Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2020/0156930 (Classen et al.) in view of U.S. Patent Application Publication 2006/0185433 (Leonardson et al.). With regards to claim 10, ‘930 Classen et al. does not disclose at least one end in opposite ends of the mass in the second in-plane direction includes teeth of a comb capacitor interdigitated with teeth of a comb capacitor in the body so that overlap between the interdigitated combs varies according to the reciprocating rotary motion of the mass. Leonardson et al. discloses an accelerometer comprising, as illustrated in Figures 1-2, an accelerometer element 50 (e.g. acceleration sensor; paragraph [0028]) including a body 16,52 (e.g. frame formed from substrate; paragraph [0028]); a mass 10 (e.g. mass; paragraph [0028]) that includes a volume of a bulk material that provides two closed surfaces (e.g. left and right surface along with top and bottom surface) that extend in a first in-plane direction (e.g. y-axis direction) and in a second in-plane direction (e.g. x-axis direction) that is orthogonal to the first in-plane direction; a spring system 14 (e.g. flexures; paragraph [0028]) that couples the mass to the body and that causes a reciprocating rotary motion of the mass about a rotary axis CR (e.g. center of rotation; paragraph [0026]) that is parallel to the first in-plane direction (e.g. observed in Figure 2; a centre of gravity CM (e.g. center of mass; paragraph [0026]) of the mass is offset from the rotary axis CR in the second in-plane direction and the centre of gravity of the mass and the rotary axis are at a same level within the mass in an out-of-plane direction that is orthogonal to the first in-plane direction and the second in- plane direction (e.g. observed in Figure 2); at least one end in opposite ends of the mass in the second in-plane direction includes teeth 12 (e.g. comb teeth; paragraph [0022]) of a comb capacitor interdigitated with teeth 70 (e.g. comb teeth; paragraph [0029]) of a comb capacitor in the body so that overlap between the interdigitated combs varies according to the reciprocating rotary motion of the mass (e.g. paragraph [0030]; Figures 1-2). (See, paragraphs [0017] to [0037]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have readily recognize the advantages and desirability of employing at least one end in opposite ends of the mass in the second in-plane direction includes teeth of a comb capacitor interdigitated with teeth of a comb capacitor in the body so that overlap between the interdigitated combs varies according to the reciprocating rotary motion of the mass as suggested by Leonardson et al. to the system of ‘930 Classen et al. where non-linearity is substantially eliminated from the acceleration sensor which results in the force sensing provided by the acceleration sensor being substantially linear differential signal detection. (See, paragraph [0035] of Leonardson). With regards to claim 11, Leonardson et al. further discloses the mass 10 includes teeth 12 of a comb capacitor 73,75 (e.g. groupings capacitors; paragraph [0030]) configured for sensing motions of the mass in at least one of the first and second in-plane directions (e.g. x-axis direction or y-axis direction; paragraph [0030]; observed Figure 2). With regards to claim 12, Leonardson et al. further discloses opposite sides of the mass 10 in an in-plane direction include teeth 12 of a comb capacitor interdigitated with teeth 70 of the comb capacitor in the body 16,52. (See, paragraph [0030]; Figure 2) With regards to claim 13, Leonardson et al. further discloses the mass 10 has a cuboid form and includes comb capacitors 73,75 (e.g. groupings capacitors; paragraph [0030]) configured to detect motions of a common mass in both the first and second in-plane directions (e.g. x-axis direction or y-axis direction; paragraph [0030]; observed Figure 2). Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2020/0156930 (Classen et al.) in view of U.S. Patent Application Publication 2013/0228013 (Tanaka et al.). With regards to claim 19, ‘930 Classen et al. does not disclose the body includes a frame that provides a locally stationary support for the spring system; the spring system includes two torsional spring structures such that one end of each of the torsional spring structures is connected to the mass and the other end is connected to the frame. Tanaka et al. discloses a physical quantity sensor comprising, as illustrated in Figures 1-13, an accelerometer element 100 (e.g. physical quantity sensor like an acceleration sensor; paragraphs [0042],[0043]); a body 40 (e.g. fixation section; paragraph [0044]); a mass 20 (e.g. movable body; paragraph [0044]); a spring system 30,32 (e.g. pivot sections; paragraph [0044]); the body 40 includes a frame (e.g. observed in Figure 1) that provides a locally stationary support for the spring system; the spring system includes two torsional spring structures 30,32 such that one end of each of the torsional spring structures is connected to the mass and the other end is connected to the frame (e.g. observed in Figure 1). (See, paragraphs [0042] to [0106)). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have readily recognize the advantages and desirability of employing the body includes a frame that provides a locally stationary support for the spring system such that the spring system includes two torsional spring structures such that one end of each of the torsional spring structures is connected to the mass and the other end is connected to the frame as suggested by Tanaka et al. to the system of ‘930 Classen et al. to have the ability to allow the movable mass to perform the see-saw rocking action along the torsion axis without departing from the scope of the invention and to provide a housing for the movable mass to protect it from unwanted external interferences. (See, paragraphs [0045],[0051] of Tanaka et al.). Response to Amendment Applicant’s arguments with respect to claims 1-20 have been considered but are moot in view of the new ground(s) of rejection and/or 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 Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Helen C Kwok whose telephone number is (571)272-2197. The examiner can normally be reached Monday to Friday, 7:30 to 4:00 EST. 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, Peter Macchiarolo can be reached at 571-272-2375. 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. /HELEN C KWOK/Primary Examiner, Art Unit 2855
Read full office action

Prosecution Timeline

Mar 24, 2023
Application Filed
Apr 29, 2025
Non-Final Rejection — §102, §103
Jul 09, 2025
Interview Requested
Aug 07, 2025
Applicant Interview (Telephonic)
Aug 07, 2025
Examiner Interview Summary
Aug 28, 2025
Response Filed
Oct 15, 2025
Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
81%
Grant Probability
87%
With Interview (+6.5%)
2y 9m
Median Time to Grant
Moderate
PTA Risk
Based on 1611 resolved cases by this examiner. Grant probability derived from career allow rate.

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