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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/29/2026 has been entered.
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.
Claim 1-12 and 21 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 lines 5-6 recites “at least one piezoelectric layer that extend no more than half of a first length of the first portion of the first piezoelectric flap”, this renders the claim language indefinite as the “first portion” is the length of piezoelectric flap extending over the opening but if there is only one piezoelectric layer it cannot extend no more that half of itself. Lines 9-10 have the same issue.
Claims 2-12 and 21 are also rejected due to their dependency on independent claim 1.
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.
Claim(s) 1-10 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barsukou (U.S. Pub No. 20230188896, hereinafter Barsukou) in view of Ouderkirk et al (US Patent No. 11398594, hereinafter Ouderkirk).
Regarding claim 1, Barsukou teaches an apparatus (See Barsukou Fig 7, wireless device 100) comprising: a substrate (See Barsukou Fig 1B, support substrate SiO2 and Si-SUB) having an opening (See Barsukou Fig 1B, opening between left and right support substrate); a first piezoelectric flap (See Barsukou Fig 1B, left piezoelectric flap) having a first end on the substrate (See Barsukou Fig 1B, left piezoelectric flap bottom left end on substrate layer SiO2) and having a first portion extending over a first part of the opening (See Barsukou Fig 1B, left piezoelectric flap bottom right end over opening), the first piezoelectric flap including first electrodes (See Barsukou Fig 1B, left side electrodes); and a second piezoelectric flap (See Barsukou Fig 1B, right piezoelectric flap) having a second end on the substrate (See Barsukou Fig 1B, right piezoelectric flap bottom right end on substrate layer SiO2) and having a second portion extending over a second part of the opening (See Barsukou Fig 1B, right piezoelectric flap bottom left end over opening), the second piezoelectric flap including second electrodes (See Barsukou Fig 1B, right side electrodes).
Barsukou does not explicitly teach the first piezoelectric flap including at least one piezoelectric layer that extend no more than half of a first length of the first portion of the first piezoelectric flap and the second piezoelectric flap including at least one piezoelectric layer that, extend no more than half of a second length of the second portion of the second piezoelectric flap.
Ouderkirk teaches a stepped piezoelectric actuator (See Ouderkirk column 8 lines 13-40, length differences between piezoelectric layers).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the stepped piezoelectric actuator as taught by Ouderkirk with the apparatus taught by Barsukou. Doing so allows the stepped actuator to exhibit lower stresses, higher displacement, and higher blocking forces as stated by Ouderkirk (column 3 lines 26-40).
Regarding claim 2, Barsukou in view of Ouderkirk teaches the apparatus of claim 1, wherein the first electrodes extend between a quarter of the first length and half of the first length (See Barsukou Fig 1B, bottom left electrode extends between a quarter to half the length of piezoelectric flap over the opening), and the second electrodes extend between a quarter of the second length and half of the second length (See Barsukou Fig 1B, bottom right electrode extends between a quarter to half the length of piezoelectric flap over the opening).
Regarding claim 3, Barsukou in view of Ouderkirk teaches the apparatus of claim 1, wherein the first electrodes include a first top electrode (See Barsukou Fig 1B, left side top electrode), a first bottom electrode (See Barsukou Fig 1B, left side bottom electrode), and a first middle electrode (See Barsukou Fig 1B, left side middle electrode) having at least a portion between the first bottom electrode and the first top electrode (See Barsukou Fig 1B, left side middle electrode between top and bottom electrodes), the first top and bottom electrodes coupled to a first terminal (See Barsukou ¶ [0052], the top/bottom electrodes of each cantilever are electrically connected to the middle electrode of the adjacent cantilever), and the first middle electrode coupled to a second terminal (See Barsukou Fig 1B, left side middle electrode connected to VIA terminal); and wherein the second electrodes include a second top electrode (See Barsukou Fig 1B, right side top electrode), a second bottom electrode (See Barsukou Fig 1B, right side bottom electrode), and a second middle electrode (See Barsukou Fig 1B, right side middle electrode) having at least a portion between the second bottom electrode and the second top electrode (See Barsukou Fig 1B, right side middle electrode between top and bottom electrodes), the second top and bottom electrodes coupled to a third terminal (See Barsukou Fig 1B, right side top and bottom electrodes connected to VIA terminal), and the second middle electrode coupled to a fourth terminal (See Barsukou ¶ [0052], the top/bottom electrodes of each cantilever are electrically connected to the middle electrode of the adjacent cantilever).
Regarding claim 4, Barsukou in view of Ouderkirk teaches the apparatus of claim 3, wherein the first piezoelectric flap includes a first piezoelectric layer (See Barsukou Fig 1B, left piezoelectric flap having a top layer) having at least a portion between the first top electrode and the first middle electrode (See Barsukou Fig 1B, top piezoelectric layer between top and middle electrodes), and a second piezoelectric layer (See Barsukou Fig 1B, left piezoelectric flap having a bottom layer) having at least a portion between the first middle electrode and the first bottom electrode (See Barsukou Fig 1B, bottom piezoelectric layer between middle and bottom electrodes); and wherein the second piezoelectric flap includes a third piezoelectric layer (See Barsukou Fig 1B, right piezoelectric flap having a top layer) having at least a portion between the second top electrode and the second middle electrode (See Barsukou Fig 1B, top piezoelectric layer between top and middle electrodes) and a fourth piezoelectric layer (See Barsukou Fig 1B, right piezoelectric flap having a bottom layer) having at least a portion between the second middle electrode and the second bottom electrode (See Barsukou Fig 1B, bottom piezoelectric layer between middle and bottom electrodes).
Regarding claim 5, Barsukou in view of Ouderkirk teaches the apparatus of claim 4, wherein the first piezoelectric layer extends no more than half of the first length of the first portion, and the third piezoelectric layer extends no more than half of the second length of the second portion (See Ouderkirk column 8 lines 13-40, length differences between piezoelectric layers).
Regarding claim 6, Barsukou in view of Ouderkirk teaches the apparatus of claim 4, wherein the first bottom electrode is embedded in the second piezoelectric layer (See Barsukou Fig 1B, left bottom electrode embedded in left bottom piezoelectric layer), and a first surface of the first bottom electrode is continuous with a second surface of the second piezoelectric layer (See Barsukou Fig 1B, top surface of left bottom electrode continuous with left bottom piezoelectric layer); and wherein the second bottom electrode is embedded in the fourth piezoelectric layer (See Barsukou Fig 1B, right bottom electrode embedded in right bottom piezoelectric layer), and a third surface of the second bottom electrode is continuous with a fourth surface of the fourth piezoelectric layer (See Barsukou Fig 1B, top surface of right bottom electrode continuous with right bottom piezoelectric layer).
Regarding claim 7, Barsukou in view of Ouderkirk teaches the apparatus of claim 4, wherein the first bottom electrode is on a first surface of the second piezoelectric layer (See Barsukou Fig 1B, left bottom electrode on bottom surface of bottom piezoelectric layer), the first surface and a second surface of the first bottom electrode being discontinuous (See Barsukou Fig 1B, the bottom surface of bottom piezoelectric layer is discontinuous with surface of bottom electrode); and wherein the second bottom electrode is on a third surface of the fourth piezoelectric layer (See Barsukou Fig 1B, right bottom electrode on bottom surface of bottom piezoelectric layer), the third surface and a fourth surface of the second bottom electrode being discontinuous (See Barsukou Fig 1B, the bottom surface of bottom piezoelectric layer is discontinuous with surface of bottom electrode).
Regarding claim 8, Barsukou in view of Ouderkirk teaches the apparatus of claim 3, wherein the substrate, the first piezoelectric flap, and the second piezoelectric flap are part of an audio device (See Barsukou Fig 1B, cantilever MEMS microphone).
Regarding claim 9, Barsukou in view of Ouderkirk teaches the apparatus of claim 8, further comprising: a first transmit circuit having first driver outputs (See Barsukou Fig 7, transmit circuit required to send signals from microphone); a first receive circuit having first receiver inputs (See Barsukou Fig 7, receiver required to receive transmitter signals); a first switch network having first switch terminals and second switch terminals (See Barsukou Fig 7, transmit circuit required to send signals from microphone), the first switch terminals coupled to the first driver outputs and the first receiver inputs (See Barsukou Fig 7, switch required to control signals), and the second switch terminals coupled to the first and second terminals (See Barsukou Fig 7, switch required to control signals); a second transmit circuit having second driver outputs (See Barsukou Fig 7, transmit circuit required to send signals from microphone); a second receive circuit having second receiver inputs (See Barsukou Fig 7, receiver required to receive transmitter signals); and a second switch network having third switch terminals and fourth switch terminals (See Barsukou Fig 7, switch required to control signals), the third switch terminals coupled to the second driver outputs and the second receiver inputs (See Barsukou Fig 7, switch required to control signals, number of inputs/outputs dependent on microphone design), and the fourth switch terminals coupled to the third and fourth terminals (See Barsukou Fig 7, switch required to control signals, number of inputs/outputs dependent on microphone design).
Regarding claim 10, Barsukou in view of Ouderkirk teaches the apparatus of claim 9, further comprising a control circuit coupled to the first transmit circuit and the first and second receive circuits, the control circuit configured to: provide a driving signal through the first transmit circuit and the first switch network to the first and second terminals (See Barsukou Fig 7, application processor), in which the first piezoelectric flap is configured to vibrate responsive to the driving signal; receive a response signal through the second receive circuit and the second switch network and from the second receive circuit, the response signal representing a vibration of the second piezoelectric flap responsive to the vibration of the first piezoelectric flap; generate a response frequency spectrum based on the response signal (See Barsukou Abstract, generate an electrical potential response); and store data representing the response frequency spectrum in a memory (See Barsukou ¶ [0070], wireless device 100 includes memory).
Regarding claim 21, Barsukou in view of Ouderkirk teaches the apparatus of claim 1, wherein the second piezoelectric flap is separate from the first piezoelectric flap by a gap (See Barsukou fig 1A, piezoelectric film sections separated by trench).
Claim(s) 13-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barsukou (U.S. Pub No. 20230188896, hereinafter Barsukou) in view of Jomori et al (US Pub No. 20230243710, hereinafter Jomori) and Ouderkirk et al (US Patent No. 11398594, hereinafter Ouderkirk).
Regarding claim 13, Barsukou teaches a method (See Barsukou ¶ [0023], method of forming a piezoelectric microelectromechanical system) comprising: forming a first electrode on a substrate (See Barsukou Fig 1B, bottom electrode on substrate), in which the first electrode extends no more than half of a distance between a first location and a second location of the substrate (See Barsukou Fig 1B, bottom electrode does not extend more than half the distance of the substrate); forming a first piezoelectric layer on the first electrode (See Barsukou Fig 1B, bottom piezoelectric layer on bottom electrode); forming a second electrode on the first piezoelectric layer (See Barsukou Fig 1B, middle electrode on bottom piezoelectric layer); forming a second piezoelectric layer on the second electrode (See Barsukou Fig 1B, top piezoelectric layer on top of middle electrode); forming a third electrode on the second piezoelectric layer (See Barsukou Fig 1B, top electrode on top of top piezoelectric layer), in which the third electrode extends no more than half of the distance between the first and second locations from the first location (See Barsukou Fig 1B, top electrode extends no more than half the distance of the substrate); and removing a part of the substrate to create an opening between the first and second locations and form a piezoelectric flap above the opening (See Barsukou Fig 1B, opening between left and right support substrate).
Barsukou does not explicitly teach removing portions of the second electrode and the second piezoelectric layer so that the second electrode and the second piezoelectric layer extend no more than half of the distance between the first and second locations from the first location.
Jomori teaches removing portions of the second electrode and the second piezoelectric layer so that the second electrode and the second piezoelectric layer extend no more than half of the distance between the first and second locations from the first location (See Jomori Fig 4A-4E & ¶ [0107], manufacturing process showing layers of piezoelectric film being etched with the top layer being shorter than the bottom layer and electrode film 61-63 adjusted to not reach slit 41).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the forming process taught by Jomori with the apparatus taught by Barsukou. Doing so provides more surface area and less weight giving the piezoelectric flaps higher sensitivity and better signal-to-noise ratio.
Barsukou in view of Jomori does not explicitly teach the second piezoelectric layer extend no more than half of the distance between the first and second locations from the first location.
Ouderkirk teaches a stepped piezoelectric actuator (See Ouderkirk column 8 lines 13-40, length differences between piezoelectric layers).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the stepped piezoelectric actuator as taught by Ouderkirk with the apparatus taught by Barsukou. Doing so allows the stepped actuator to exhibit lower stresses, higher displacement, and higher blocking forces as stated by Ouderkirk (column 3 lines 26-40).
Regarding claim 14, Barsukou in view of Jomori and Ouderkirk teaches the method of claim 13, wherein the substrate includes an oxide layer (See Barsukou Fig 1B, SiO2 oxide layer) and a semiconductor layer (See Barsukou Fig 1B, Si semiconductor layer).
Regarding claim 15, Barsukou in view of Jomori and Ouderkirk teaches the method of claim 13, wherein forming the second piezoelectric layer includes forming the second piezoelectric layer on respective portions of the second electrode and the first piezoelectric layer (See Barsukou Fig 1B, top piezoelectric layer formed on top of bottom piezoelectric layer and middle electrode).
Regarding claim 17, Barsukou in view of Jomori and Ouderkirk teaches the method of claim 13, wherein forming the first piezoelectric layer on the first electrode includes forming the first piezoelectric layer on respective portions of the first electrode and the substrate (See Barsukou Fig 1B, bottom piezoelectric layer formed on top of bottom electrode and substrate).
Regarding claim 18, Barsukou in view of Jomori and Ouderkirk teaches the method of claim 13, wherein forming the first electrode on the substrate includes forming the first electrode on a first portion of the substrate (See Barsukou Fig 1B, bottom electrode formed on portion of substrate); wherein the method further comprises: forming a sacrificial layer on the first electrode and on a second portion of the substrate (See Barsukou Fig 1B, opening between left and right support substrate); and removing a first portion of the sacrificial layer to expose the first electrode (See Barsukou Fig 1B, opening between left and right support substrate), in which a second portion of the sacrificial layer abuts the first electrode (See Barsukou Fig 1B, SiO2 layer abuts bottom electrode); and wherein forming the first piezoelectric layer on the first electrode includes forming the first piezoelectric layer on the exposed first electrode and the second portion of the sacrificial layer (See Barsukou Fig 1B, bottom piezoelectric layer formed on top of bottom electrode and substrate).
Regarding claim 20, Barsukou in view of Jomori and Ouderkirk teaches the method of claim 18, further comprising removing the second portion of the sacrificial layer (See Barsukou Fig 1B, second layer of substrate removed from center gap).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barsukou (U.S. Pub No. 20230188896, hereinafter Barsukou) in view of Jomori et al (US Pub No. 20230243710, hereinafter Jomori) and Ouderkirk et al (US Patent No. 11398594, hereinafter Ouderkirk) as applied to claims above, and further in view of Huang (U.S. Pub No. 20230403514, hereinafter Huang).
Regarding claim 19, Barsukou in view of Jomori and Ouderkirk teaches the method of claim 18.
Barsukou in view of Jomori and Ouderkirk does not explicitly teach performing a chemical and mechanical polishing (CMP) operation on the sacrificial layer.
Huang teaches performing a chemical and mechanical polishing (CMP) operation on the sacrificial layer (See Huang ¶ [0038], substrate may be thinned by chemical-mechanical polishing).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used chemical and mechanical polishing as taught by Huang with the method taught by Barsukou in view of Jomori and Ouderkirk. Doing so provides multiple benefits including improved durability, removal of imperfections, and reduced surface roughness.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-15 and 17-21 have been considered but are moot 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
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/T.M.L./Examiner, Art Unit 2694
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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