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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Claim Objections
Claims 1, 3, 8, 10, and 11 are objected to because of the following informalities: The term “respectively” is improperly used as it does not establish correspondence between the recited limitations within the claims. Appropriate correction is required.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 – 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "at least two first recesses" on page 11, line 11. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 - 5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liu (US20030129824A1; hereinafter Liu).
Regarding Claim 1, Liu discloses a manufacturing method of a micro-electromechanical system acoustic sensor (method of fabricating micromechanical devices, [0001]), comprising:
providing a base plate (substrate 12, FIG. 1, [0017]);
forming at least one insulating layer on the base plate (isolation layer 14, FIG. 1, [0018]);
forming two first electrodes (input signal line 16, output signal line 17) on the at least one insulating layer (14), the two first electrodes being spaced apart from each other (FIG. 3, [0019]);
arranging a first sacrificial layer (22) on the insulating layer (14) and the two first electrodes (16, 17), and forming at least one first recess (26) in the first sacrificial layer (22) respectively above the two first electrodes (16, 17), the at least two first recesses respectively exposing at least a part of a top surface of the two first electrodes (FIG. 4, [0024]);
arranging a second sacrificial layer (27) on the first sacrificial layer (22) and the at least two first recesses (26), forming two second recesses (28) spaced apart in the second sacrificial layer (27), and making the two second recesses (28) respectively communicate with the corresponding at least one first recess (26) to form two recess spaces (FIG. 7 reproduced below, [0025]). Liu discloses the second sacrificial layer 27 is formed over first sacrificial layer 22 including in the recesses 26, so that recesses 28 communicate with recesses 26.
filling the two recess spaces respectively with a material to form two second electrodes (32, FIG. 6, [0029]); and
removing all the first sacrificial layer (22) and the second sacrificial layer (26), and forming an acoustic flow channel between the two first electrodes (16, 17) and the two second electrodes (32), (FIG. 11, [0035]). Liu discloses the process of removing the first and second sacrificial layers releases the cantilever structure, indicating formation of an acoustic flow channel between the first and second electrodes.
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Liu: FIG. 7
Regarding Claim 2, Liu discloses the manufacturing method of claim 1, wherein the base plate comprises a silicon base layer (12), and a material of the silicon base layer is silicon, silicon-germanium, silicon carbide, a glass substrate or a III-V compound semiconductor (materials such as a high resistivity silicon, gallium arsenide (GaAs), or glass may comprise substrate 12, [0017]).
Regarding Claim 3, Liu discloses the manufacturing method of claim 1, wherein the first sacrificial layer and the second sacrificial layer respectively comprise silicon nitride, silicon oxide and a thick photoresist. (polyimide, [0021], [0025]).
Regarding Claim 4, Liu discloses the manufacturing method of claim 1, wherein the insulating layer (14) is made of silicon oxide, silicon nitride, silicon oxynitride, a low dielectric constant material with a dielectric constant of 2.5 to 3.9, or an ultralow dielectric constant material with a dielectric constant of less than 2.5 (silicon dioxide, [0018]).
Regarding Claim 5, Liu discloses the manufacturing method of claim 1, wherein the two first electrodes (16, 17) are made of metals such as gold, nickel, platinum, palladium, iridium, titanium, chromium, tungsten, aluminum and copper, metal compounds or ion-doped semiconductor materials (non-oxidizing metal or metal layers, such as, for example, chrome and gold (with chrome being deposited first), [0020]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 8 - 11 are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Zhang (US20110075866A1; hereinafter Zhang).
Regarding Claim 8, Liu discloses the manufacturing method of claim 1.
Liu does not disclose “wherein the two second recesses are made respectively communicate with the corresponding at least one first recess by over-etching to form the two recess spaces.”
In a similar art, Zhang discloses a MEMS microphone [0003].
The combination of Liu and Zhang discloses: wherein the two second recesses (Liu: 28) are made respectively communicate with the corresponding at least one first recess (Liu: 26, FIG. 7, [0025]) by over-etching (Zhang: [0059]) to form the two recess spaces (Liu: 26, 28).
Zhang discloses that a device as taught reduces air resistance through the MEMS device and improves the signal-to-noise ratio ([0003], [0048]). Therefore, it would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify Liu’s method, in order to reduce air resistance and improve signal-to-noise ratio as taught by Zhang ([0003], [0048]).
Regarding Claim 9, The combination of Liu and Zhang disclose the manufacturing method of claim 8,
Liu further discloses: wherein an etching manner for over-etching and removing all the first sacrificial layer (22) and the second sacrificial layer (27) is a dry etching process or a wet etching process (oxygen plasma dry etch, [0035]).
Regarding Claim 10, Liu discloses the manufacturing method of claim 1.
Liu does not disclose “wherein all side walls forming the two recess spaces are respectively perpendicular to the insulating layer.”
In a similar art, Zhang discloses a MEMS microphone [0003].
Zhang discloses: wherein all side walls forming the two recess spaces (through-holes 16) are respectively perpendicular to the insulating layer (SOI wafer, FIG. 8A, [0052]).
Zhang discloses that a device as taught reduces air resistance through the MEMS device and improves the signal-to-noise ratio ([0003], [0048]). Therefore, it would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify Liu’s method, in order to reduce air resistance and improve signal-to-noise ratio as taught by Zhang ([0003], [0048]).
Regarding Claim 11, Liu discloses the manufacturing method of claim 1.
Liu does not disclose “wherein side walls forming the two recess spaces and facing the acoustic flow channel are respectively perpendicular to the insulating layer, side walls forming the two recess spaces and facing away from the acoustic flow channel respectively form a diverging first cambered surface along an acoustic flow direction of the acoustic flow channel and then continuously extend from a surface of the first cambered surface to form a converging second cambered surface, and after removing all the first sacrificial layer and the second sacrificial layer, the two second electrodes in a wing shape are formed.”
In a similar art, Zhang discloses a MEMS microphone [0003].
The combination of Liu and Zhang discloses:
wherein side walls forming the two recess spaces (Liu: 26, 28, FIG. 7, [0025]) and facing the acoustic flow channel are respectively perpendicular to the insulating layer (Zhang: FIG. 8A, [0052]), side walls (Zhang: etched boundaries of 16, FIG. 2, [0026]) forming the two recess spaces (Zhang:16, FIG. 2) and facing away from the acoustic flow channel respectively form a diverging first cambered surface (Zhang: concave portion of 22 flaring outward, FIG. 4G, [0032]) along an acoustic flow direction of the acoustic flow channel and then continuously extend from a surface of the first cambered surface to form a converging second cambered surface (Zhang: portion of 22 that bends back towards the sidewall of 16, FIG. 4G), and after removing all the first sacrificial layer (Liu: 22, FIG. 7) and the second sacrificial layer (Liu: 27, FIG. 7), the two second electrodes (Liu: 32) in a wing shape (Zhang: FIG. 4G, [0040]) are formed. Zhang discloses the cambered recess geometry of the through-holes 16, which indicates that the second electrodes formed after removal of the first and second sacrificial layers would conform to the wing-shaped geometry.
Zhang discloses that a device as taught mitigates capacitance loss and improve signal-to-noise ratio of the MEMS device ([0003], [0040]). Therefore, it would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify Liu’s method, in order to mitigate capacitance loss and improve signal-to-noise ratio as taught by Zhang ([0003], [0040]).
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Liu, in view of Kim (US20090302714A1; hereinafter Kim).
Regarding Claim 6, Liu discloses the manufacturing method of claim 1.
Liu does not disclose “wherein the material for forming the two second electrodes is an electrically charged polymer or a conductive polymer.”
In an analogous art, Kim discloses a sensor wherein the material for forming the two second electrodes (40) is an electrically charged polymer or a conductive polymer [0028].
Kim discloses that a device as taught is capable of reducing process costs and improving productivity [0025]. Therefore, it would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify Liu’s method, in order to achieve a method with reduced process costs and improved productivity as taught by Kim [0025].
Regarding Claim 7, Liu discloses the manufacturing method of claim 1.
Liu does not disclose “wherein the two second electrodes are formed by electroforming, injection molding or 3D (three-dimensional) printing.”
In an analogous art, Kim discloses a method of manufacturing a MEMS element wherein the two second electrodes (40, FIG. 3) are formed by electroforming, injection molding or 3D (three-dimensional) printing [0044].
Kim discloses that a device as taught is capable of reducing process costs and improving productivity [0025]. Therefore, it would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify Liu’s method, in order to achieve a method with reduced process costs and improved productivity as taught by Kim [0025].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISHNA J PALANISWAMY whose telephone number is (571)272-6239. The examiner can normally be reached Monday - Friday 8:30AM - 5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brent Fairbanks can be reached on 408-918-7532. The fax phone number for the organization where this application or proceeding is assigned is 571-483-7639.
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/KRISHNA J PALANISWAMY/Examiner, Art Unit 2899
/WILLIAM A HARRISTON/Primary Examiner, Art Unit 2899