Prosecution Insights
Last updated: July 17, 2026
Application No. 18/211,737

ACOUSTIC WAVE DEVICE

Non-Final OA §102§112
Filed
Jun 20, 2023
Priority
Dec 23, 2020 — provisional 63/129,701 +1 more
Examiner
SAN MARTIN, JAYDI A
Art Unit
2837
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Murata Manufacturing Co., Ltd.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
870 granted / 1027 resolved
+16.7% vs TC avg
Moderate +12% lift
Without
With
+12.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
28 currently pending
Career history
1047
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
65.5%
+25.5% vs TC avg
§102
20.0%
-20.0% vs TC avg
§112
5.0%
-35.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1027 resolved cases

Office Action

§102 §112
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 . Specification The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. 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 3-5 and 13 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 3 recites the limitation “…the first busbar and the second busbar overlap at least a portion of the boundaries facing each other in a second direction…”. It is unclear what “a portion of the boundaries” refers to. Does it refer to the same boundary defined in claim 1? Clarification is required. For examination purposes, Figs. 13 and 14 show the bus bars are shown as overlapping the boundary of the cavity. Similarly, claim 4 recites the limitation “the first busbar and the second busbar do not overlap the boundaries facing each other in a second direction…” The limitation is unclear. Clarification is required. Claim 5 recites the limitation “…a length of the reinforcing film extending toward the first electrode finger and the second electrode finger side with respect to the boundary is shorter than a length of the reinforcing film extending toward a side opposite to the first electrode finger and the second electrode finger with respect to the boundary”. It is unclear what the “side opposite to the first electrode finger” refers to. For examination purposes, Figs. 13-51 show different characteristics of the reinforcing film, and the claimed limitation considered to be anticipated. Regarding claim 13, the expression (2) is unclear. In Expression 1, the angles φ, θ and ψ can be easily identified since they are separated by a comma. However, in Expression (2) multiple commas are provided and it is unclear which expression corresponds to the φ, the θ and ψ. For examination purposes, Euler angles (0°, 0°, 90°) anticipates the limitation. 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)(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. Claim 1-3, 5-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kimura (US20230275555, hereinafter Kimura). Regarding claim 1, Kimura discloses an acoustic wave device (Fig. 13) comprising: a support including a support substrate (8); a piezoelectric layer (2) that includes lithium niobate or lithium tantalate (paragraph [0065]) and is provided in a first direction, which is a thickness direction of the support substrate; an interdigital transducer (IDT) electrode (3, 4) provided in the first direction of the piezoelectric layer and including a first busbar (5) and a second busbar (6) that face each other, a plurality of first electrode fingers each including a base end connected to the first busbar, and a plurality of second electrode fingers each including a base end connected to the second busbar; and a reinforcing film (11) provided in the first direction of the piezoelectric layer; wherein the support is provided with a cavity (9) that is open to the piezoelectric layer side in the first direction; and the reinforcing film overlaps at least a portion of a boundary between a region where the piezoelectric layer and the cavity overlap and a region where the piezoelectric layer and the cavity do not overlap in a plan view in the first direction. See Fig. 13A. Regarding claim 2, Fig. 13-40 show the reinforcing film not overlapping the intersection region in a plan view in the first direction. Regarding claims 3 and 5, Kimura anticipates the limitations as explained above. Regarding claims 6-8, Fig. 24 shows the reinforcing film includes a region overlapping the first busbar or the second busbar in a plan view in the first direction. Refer to paragraph [0139]. Regarding claims 9 and 10, Kimura discloses the material of the reinforcing layer comprising a dielectric such as silicon oxide. (paragraph [0133]) Regarding claim 11, Fig. 24 shows a rectangular cavity and the reinforcing layer 11L overlapping a corner of the cavity in plan view. Regarding claim 12, the first busbar and the second busbar overlap a corner of the cavity in a plan view in the first direction. Regarding claim 13, Kimura discloses the piezoelectric layer comprising LN with Euler explained in paragraph [0117]. Regarding claim 14, please refer to paragraphs [0013] and [0081]. Regarding claims 15 and 16, refer to paragraph [0082]. Regarding claim 17, MR values are disclosed in paragraphs [0110-0112]. Regarding claim 18, refer to paragraph [0119]. Regarding claim 19, Kimura discloses a dielectric layer (7) between the support substrate and the piezoelectric layer. Regarding claim 20, Figs. 12 and 41 show the cavity formed in the substrate. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Inoue discloses a stress-relaxing metal layer as a reinforcing layer. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jaydi San Martin whose telephone number is (571)272-2018. The examiner can normally be reached on M-Th 7:45-6:00pm. 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, Dedei Hammond can be reached on 571-270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /J. San Martin/ Primary Examiner, Art Unit 2837
Read full office action

Prosecution Timeline

Jun 20, 2023
Application Filed
Jun 23, 2026
Non-Final Rejection mailed — §102, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12683577
PACKAGED ACOUSTIC WAVE DEVICES WITH MULTI-LAYER PIEZOELECTRIC SUBSTRATE WITH SEAL RING SPACED FROM PIEZOELECTRIC LAYERS
4y 0m to grant Granted Jul 14, 2026
Patent 12683581
Resonator Component, Resonator Device, And Method Of Manufacturing Resonator Component
3y 9m to grant Granted Jul 14, 2026
Patent 12676588
COMPOSITE SUBSTRATE AND ACOUSTIC WAVE DEVICE
3y 9m to grant Granted Jul 07, 2026
Patent 12676590
ACOUSTIC WAVE DEVICE
3y 8m to grant Granted Jul 07, 2026
Patent 12676595
ACOUSTIC WAVE DEVICE
3y 4m to grant Granted Jul 07, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
97%
With Interview (+12.2%)
2y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1027 resolved cases by this examiner. Grant probability derived from career allowance rate.

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