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 .
Status of Claims
Applicant’s amendment of claims 1 and 18, cancellation of claims 9-17 and submission of new claims 21-29 in “Claims - 04/06/2026” is acknowledged.
But, new claim 21 ( and its dependent claims 22-29), comprising the process steps such as “a first sensing gap surface of the first MEMS inertial transducer element, exposed via a structural release etch process; a second gap surface of the first semiconductor electrode, exposed via the structural release etch process; a rough topography of one or both of the first sensing gap of the first MEMS inertial transducer element and the second sensing gap surface of the first semiconductor electrode formed through a surface abrasion etch process; and a first cap wafer attached to the MEMS wafer structure through a first bonding process. Those are implied steps of withdrawn group II in “Response to Election / Restriction Filed - 11/12/2025” and cancelled in “Claims - 04/06/2026”.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 21-29 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
This office action considers claims 1-8 and 18-29, of which claims 21-29 are withdrawn, and 1-8 and 18-20 presented for further prosecution.
Allowable Subject Matter
Claims 1-8 and 18-20 are allowed.
The following is an examiner’s statement of reasons for allowance, which paraphrases and summarizes the claimed invention without intending to be limiting, wherein the legally defined scope of the claimed invention is defined by the allowed claims themselves in view of the written description under 35 USC 112. This statement is not intended to necessarily state all the reasons for allowance or all the details why the claims are allowed and has not been written to specifically or impliedly state that all the reasons for allowance are set forth (MPEP 1302.14).
Regarding independent claims 1, 18, the Applicants’ replies make evident the reasons for allowance, satisfying the “record as a whole” provision of the rule 37 CFR 1.104(e). Specifically, the substance of applicants’ “Remarks - 04/06/2026 -- Applicant Arguments/Remarks Made in an Amendment” along with the amended claims in “Claims - 04/06/2026 ”, are persuasive, and are in all probability evident from the record for reasons for allowance. Moreover, after further search, the references of the Prior Art of record listed, in PTO-892, and considered pertinent to the applicant's disclosure in further searches and to the examiner’s knowledge does not teach or render obvious, at least to the skilled artisan, the instant invention regarding:
A MEMS sensor device, comprising, inter alia “a first sensing gap surface of the first monocrystalline semiconductor proof mass element has a roughly etched topography that has been selectively etched to reduce stiction between the first monocrystalline semiconductor proof mass element and the second conductive electrode element” as recited in claim 1.
A high aspect ratio transducer, comprising, inter alia ”a first sensing gap surface of the first high aspect ratio proof mass element has a first portion that is immediately adjacent to an second portion that has a lower surface roughness than the first portion.” as recited in claim 18,
Claims 2-8 and 19-20 are allowed as those inherit the allowable subject matter from claim 1 and 18 respectively.
Conclusion
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOAZZAM HOSSAIN whose telephone number is (571)270-7960. The examiner can normally be reached on M-F: 8:30AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julio J. Maldonado can be reached on 571-272-1864. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOAZZAM HOSSAIN/Primary Examiner, Art Unit 2898
May 18, 2026
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