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 .
Election/Restrictions
Election was made without traverse in the reply filed on 2/03/2026. Applicant has elected Group II, corresponding to 1-16. The examiner also acknowledges new 21-24, which also correspond to Group II. Invention Group I, corresponding to cancelled claims 17-20, is withdrawn from further consideration. The examiner acknowledges the applicant’s cancellation of 17-20.
Drawings
The drawings are objected to because the three-axis (X, Y, Z) marking on Fig. 1A and Fig. 1B are shown as the same angles, but that does not seem logical since the drawings are showing the structure from different perspectives/angles. This same issue appears numerous times (e.g. Figs. 21, 23, 25, 27, 32A, 33A, etc.). Please review the application and provide replacement drawings as necessary. 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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1, 5-8, 11-14, 6, and 21 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 3, 10-11, and 15-16 of U.S. Patent No. 11796396. Although the claims at issue are not identical, they are not patentably distinct from each other, as explained below.
18/228,333 (Child Application)
US 11,796,396 (Parent Patent) Corresponding Element
Mapping Notes
Claim 1 Element
Claim 1:
Preamble: A device, comprising:
Preamble: A micro-electro-mechanical system (MEMS) device, comprising:
the child application uses "device" which is broader than but encompasses the parent's "MEMS device."
Element A: a substrate;
Claim 1: ...suspended over a substrate;
The parent explicitly requires a substrate to support the suspended fingers.
Element B: a first electrode comprising first and second electrode fingers;
Claim 1: a first sensing electrode with a plurality of first electrode fingers;
A "plurality" in the parent (2 or more) covers the "first and second" fingers in the child.
Element C: a second electrode comprising a third electrode finger,
Claim 1: a second sensing electrode with a plurality of second electrode fingers,
The parent's "plurality" encompasses the "third electrode finger" of the child.
Element D: wherein the first, second, and third electrode fingers are arranged in an interdigitated configuration;
Claim 1: wherein the pluralities of first and second electrode fingers are arranged in an interdigitated configuration...
Both claim the same interlocking mechanical arrangement.
Element E: and a curved sensing element coupled to the first and second electrode fingers,
Claim 1: a curved sensing element coupled to adjacent first electrode fingers of the plurality of first electrode fingers,
The child's "first and second fingers" are the parent's "adjacent first electrode fingers."
Element F: wherein the curved sensing element is configured to move the first and second electrode fingers in response to a temperature sensed by the curved sensing element.
Claim 1: wherein the curved sensing element is configured to move the adjacent first electrodes... in response to a temperature sensed by the curved sensing element;
The functional requirement of thermal-to-mechanical movement is exactly the same.
Claim 5: wherein the first, second, and third electrode fingers comprise tapered structures.
Claim 10: "...adjacent first electrode fingers have tapered structures."
Claim 10 (depending from Claim 1) explicitly recites the tapered structure.
Claim 6: wherein the first electrode finger comprises a free end and a fixed end... coupled to the free end.
Claim 1: "...suspended over a substrate... configured to move..."
A suspended finger that is configured to move necessarily requires a fixed anchor and a free end for displacement. Coupling to the free end is the inherent mechanical configuration for the movement claimed in '396.
Claim 7: wherein the first electrode finger comprises a free end with a first width and a fixed end with a second width greater than the first width.
Claim 10: "...have tapered structures."
The recitation of a wider fixed end and a narrower free end is the literal structural definition of the "tapered structure" already claimed in '396.
Claim 8: curved sensing element comprises a first temperature sensitive layer with a first thermal expansion coefficient...
Claim 3: "a first element with a first thermal expansion coefficient value;"
Claim 3 (depending from Claim 1) explicitly recites this bimetallic layer structure.
Claim 8: ...and a second temperature sensitive layer with a second thermal expansion coefficient different from the first...
Claim 3: "a second element with a second thermal expansion coefficient value different from the first..."
Direct structural match for the differential expansion mechanism.
Claim 11 Preamble: A device, comprising:
Claim 11: A micro-electro-mechanical system (MEMS) device, comprising:
11, Element A: a substrate;
Claim 11: a substrate;
11, Element B: a first electrode comprising a first pair of electrode fingers and a second pair of electrode fingers;
Claim 11: a first sensing electrode with first electrode fingers;
Parent’s "first electrode fingers" (plural) encompasses the "first and second pair" in the child.
11, Element C: a second electrode comprising a third pair of electrode fingers,
Claim 11: a second sensing electrode with second electrode fingers,
11, Element D: wherein the third pair of electrode fingers is disposed between the first pair of electrode fingers;
Claim 11: ...arranged in an interdigitated configuration;
This is the literal definition of "interdigitated" as claimed in the parent.
11, Element E: a first curved sensing element coupled to the first pair of electrode fingers;
Claim 11: first and second curved sensing elements coupled to first and second pairs of the first electrode fingers, respectively,
The child claims a subset of what the parent already protects.
11, Element F: and a second curved sensing element coupled to the third pair of electrode fingers.
Claim 11: wherein the curved sensing element is configured to move the... pairs...
Obvious Variation. The parent claims the elements moving the first electrode fingers. Placing an element on the second electrode fingers is a trivial design choice.
Claim 12: wherein the second electrode further comprises a fourth pair of electrode fingers,
Claim 11: "a second sensing electrode with second electrode fingers"
The parent's "second electrode fingers" (plural) inherently encompasses any specific number of additional pairs, such as the "fourth pair."
Claim 12: wherein the fourth pair of electrode fingers is disposed between the second pair of electrode fingers.
Claim 11: "...arranged in an interdigitated configuration;"
This specific arrangement is the definition of the "interdigitated configuration" already explicitly claimed in the parent.
Claim 13: wherein the second curved sensing element is coupled to the third and fourth pair of electrode fingers.
Claim 11: "first and second curved sensing elements coupled to first and second pairs... respectively,"
The parent explicitly protects multiple curved sensing elements coupled to different pairs of fingers. The child's specific pairing (3rd and 4th) is a literal subset of the patented arrangement.
Claim 14: wherein the first, second, and third pairs of electrode fingers are suspended over the substrate.
Claim 1: "...suspended over a substrate;" and Claim 11: (Inherits from base structure).
The parent explicitly recites that the electrode fingers are suspended over the substrate.
Claim 16: first curved sensing element comprises: [CTE layers].
Claim 15: "wherein each of the first and second curved sensing elements comprises: [CTE layers]."
This is a clean match. Parent Claim 15 depends on Parent Claim 11 and explicitly recites the bimetallic layers for the multi-element device.
Claim 21 Preamble: A device, comprising:
Claim 1: A... (MEMS) device, comprising:
.
21, Element A: a substrate;
Claim 1: ...suspended over a substrate;
21, Element B: a first electrode comprising first and second electrode fingers with tapered cross-sectional profiles;
Claim 10: wherein the [first] electrode fingers have tapered structures.
"Tapered structure" in the parent anticipates "tapered cross-sectional profile."
21, Element C: a second electrode comprising a third electrode finger with a tapered cross-sectional profile,
Claim 16: wherein the first and second electrode fingers [referring to both electrodes] have tapered structures.
Even though Claim 16 is buried in a different dependency chain (under Claim 11), it explicitly discloses that the "tapered structure" is a known and patented variation of the applicant's electrode fingers.
21, Element D: wherein the third electrode finger is disposed between the first and second electrode fingers;
Claim 1: ...arranged in an interdigitated configuration;
21, Element E: and a curved sensing element coupled to the first and second electrode fingers,
Claim 1: a curved sensing element coupled to adjacent first electrode fingers...
21, Element F: wherein the curved sensing element is configured to move the first and second electrode fingers in response to a temperature sensed...
Claim 1: configured to move the adjacent first electrodes... in response to a temperature sensed...
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 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)(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.
(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 1-3, 9-11, 15, and 21-24 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Dehe (US # US 20130062710).
Claim Language (Original Format)
Prior Art Mapping to Dehe (US 2013/0062710 A1)
1. A device, comprising:
(Flexible/stretchable sensor device; [0001], [0032])
a substrate;
(Substrate 110; [0034], [0037]; Fig. 2)
a first electrode comprising first and second electrode fingers;
(First Electrode 120 and fingers/digits 121; [0038]; Fig. 3)
a second electrode comprising a third electrode finger,
(Second Electrode 130 and finger/digit 131; [0039]; Fig. 3)
wherein the first, second, and third electrode fingers are arranged in an interdigitated configuration; and
(Explicitly describes "interdigitated patterns"; [0038]; Fig. 3)
a curved sensing element coupled to the first and second electrode fingers,
(Sensing layer 150/Cover 140 is a curved or domed structure coupled to the base; [0043], [0047]; Fig. 1, 5)
wherein the curved sensing element is configured to move the first and second electrode fingers in response to a temperature sensed by the curved sensing element.
(Inherently moves due to thermal expansion/CTE mismatch of disclosed materials like PDMS/metal; [0054]-[0056]. Structure is functionally capable of thermal-mechanical displacement.)
2. The device of claim 1, further comprising an other curved sensing element,
(Discloses a "plurality" of sensing cells forming an array; [0048]-[0049]; Fig. 4)
wherein the first electrode further comprises a fourth electrode finger, and
(Electrode 120 includes a "plurality" of digits 121 extending across multiple cells; [0038]; Fig. 3, 4)
wherein the other curved sensing element is coupled to the second and fourth electrode fingers.
(In an array, the curved cover 140/150 spans across adjacent electrode fingers of the interdigitated pattern; [0049]-[0050]; Fig. 4)
3. The device of claim 1, further comprising an other curved sensing element,
(Discloses an array of sensing units; [0048])
wherein the first electrode further comprises fourth and fifth electrode fingers, and
(Electrode 120 comprises multiple parallel digits 121; [0038]; Fig. 3)
wherein the other curved sensing element is coupled to the fourth and fifth electrode fingers.
(Each sensing cell in the array of Fig. 4 is coupled to a specific set/pair of fingers within the electrode manifold; [0049])
9. The device of claim 8, wherein the first temperature sensitive layer comprises a doped metal layer or a doped semiconductor layer.
(Electrodes 120/130 comprise conductive materials including metals or doped polymers; [0039], [0041]. PHOSITA would find it obvious to use doped semiconductors for precise thermal-electrical properties in micro-sensors.)
10. The device of claim 8, wherein the first temperature sensitive layer comprises rectangular-shaped openings or circular-shaped openings.
(The sensing layer/electrodes can be patterned or "perforated" to adjust flexibility; [0041], [0052]. Figure 4 shows discrete cell boundaries that function as structural openings in the overall sensing layer.)
11. A device, comprising:
(Flexible tactile/pressure sensor array; [0032], [0048])
a substrate;
(Substrate 110; [0037]; Fig. 2)
a first electrode comprising a first pair of electrode fingers and a second pair of electrode fingers;
(First Electrode 120 with multiple digits 121 arranged in groups/pairs; [0038]; Fig. 3)
a second electrode comprising a third pair of electrode fingers,
(Second Electrode 130 with digits 131 grouped to match the first electrode; [0039]; Fig. 3)
wherein the third pair of electrode fingers is disposed between the first pair of electrode fingers;
(Interdigitated pattern interleaves finger pairs; [0038]; Fig. 3)
a first curved sensing element coupled to the first pair of electrode fingers; and
(Curved cover 140/150 overlying a first unit of the array; [0043], [0049]; Fig. 4)
a second curved sensing element coupled to the third pair of electrode fingers.
(Discloses a "plurality" of sensing cells forming an array, each with its own curved dome; [0049]-[0050]; Fig. 4)
15. The device of claim 11, wherein a concave side of the first curved sensing element is facing the first pair of electrode fingers.
(The curved cover 140/150 is a dome or bridge structure where the interior concave surface faces the electrode base to allow for displacement; [0043], [0047]; Fig. 1, 5)
21. (New) A device, comprising:
(Flexible/stretchable sensor; [0001], [0032])
a substrate;
(Substrate 110; [0037]; Fig. 2)
a first electrode comprising first and second electrode fingers with tapered cross-sectional profiles;
(Electrode 120 and fingers 121 with trapezoidal/tapered cross-sections; [0045]; Fig. 6)
a second electrode comprising a third electrode finger with a tapered cross-sectional profile,
(Electrode 130 and finger 131 with trapezoidal/tapered cross-sections; [0045]; Fig. 6)
wherein the third electrode finger is disposed between the first and second electrode fingers; and
(Interdigitated configuration; [0038]; Fig. 3)
a curved sensing element coupled to the first and second electrode fingers,
(Curved sensing layer 150/Cover 140; [0043], [0047]; Fig. 1, 5)
wherein the curved sensing element is configured to move the first and second electrode fingers in response to a temperature sensed by the curved sensing element.
(Inherently moves due to CTE mismatch; [0054]. Capability is an inherent result of the disclosed flexible geometry and materials.)
22. (New) The device of claim 21, wherein the first electrode further comprises an electrode bar with elongated sides perpendicular to elongated sides of the first and second electrode fingers.
(First electrode 120 includes a common conductive manifold or "spine" from which fingers 121 extend perpendicularly; [0038]; Fig. 3)
23. (New) The device of claim 22, wherein tapered ends of the first and second electrode fingers are attached to the electrode bar.
(The junction between the fingers 121 and the manifold 120 is subject to mechanical stress; [0041]. Tapering these junctions is a conventional strain-relief technique in flexible electronics.)
24. (New) The device of claim 21, wherein the curved sensing element comprises:
(Sensing layer 150/Cover 140; [0043])
a first temperature sensitive layer with a first thermal expansion coefficient; and
(Conductive electrode layer or polymer layer of the laminate; [0039], [0054])
a second temperature sensitive layer with a second thermal expansion coefficient different from the first thermal expansion coefficient.
(Reference discloses a multi-layer laminate [e.g., metal on PDMS]; [0054]-[0056]. A PHOSITA would recognize this combination inherently creates a bimaterial strip with differing CTEs.)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER A JOHNSON whose telephone number is (571)272-9475. The examiner can normally be reached normally working Monday to Friday between 9 am and 6 pm Eastern Time.
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/CHRISTOPHER A JOHNSON/ Primary Examiner, Art Unit 2899